Employment Law Blog

Medical Exams Required by Employers May Be Discriminatory

It is not uncommon for employers to require potential employees to submit to medical exams or health-related questionnaires. Under the Americans with Disabilities Act (ADA), there are some important ...
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Suit Against Delta Air Lines for Disability Discrimination

There are several federal laws that protect individuals from discrimination based on recognized protected categories, including qualified disabilities. In particular, individuals with disabilities are ...
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Post-Employment Adverse Actions May Result in Actionable Retaliation Claims

In order to bring a successful employment retaliation claim in court, you must establish certain elements. Specifically, you must be able to show that you engaged in protected activity, such as filing ...
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Is It Discriminatory to Ask an Employee About Intended Pregnancy?

While it is true that legal protections from discrimination in the workplace exist, there are certainly some employers who still violate them. That includes employer actions that involve pregnancy and ...
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Can the Ability to Work Overtime be an Essential Function of Your Job?

When disabled employees seek workplace accommodations because of their disability, as they are allowed to do under the American with Disabilities Act (ADA), they must first be able to establish they ...
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The Department of Justice Changes its Position on Transgender Discrimination

There is currently no federal law that explicitly prohibits discrimination based on gender identity. There is no federal law that provides even general protection against discrimination for LGBT ...
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Federal Anti-Discrimination Laws that Protect Employees

This article is meant to provide a basic outline of the federal anti-discrimination laws that protect employees from illegal discrimination while in the workplace. Claims brought under these laws can ...
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Publix Accused of Religious Discrimination for Policy Banning Dreadlocks

A very common challenge to employer dress codes relates to religions that impose strict dress and/or grooming requirements. For example, Native Americans are not allowed to cut their hair and Muslims ...
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Misclassification Overtime Case Worth Over $2 Million

When an employer misclassifies employees to make them exempt from wage and hour laws, that is a clear violation of the Fair Labor Standards Act (FLSA). According to the Department of Labor, the number ...
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Exploited Immigrant Workers Compensated for Serious Mistreatment

If you pay attention to the news at all, you have no doubt read about immigrant workers being taken advantage of by employers of all types. These workers are often at a serious disadvantage for two ...
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Employee's Request for Lateral Transfer to Avoid Discrimination Denied

You may not think that denying an employee a request for a lateral transfer could be unlawful discrimination, but it depends on the situation. In a recent case filed in New Jersey, a Hispanic employee ...
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Former Tuscaloosa Police Officer Faces Pregnancy Discrimination and Retaliation

Most women in the workplace are at least familiar with the basic protections of the Pregnancy Discrimination Act, especially those who are already parents or who want to be. In addition to protecting ...
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An Example of a Lowered Performance Review as Evidence of Discrimination

A recent employment discrimination case against Verizon demonstrates how a lowered performance rating can be sufficient to establish unlawful discrimination and/or retaliation in the workplace. This ...
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Sexual Harassment and its Damaging Effects on Employees

Sexual harassment claims are typically based on unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Yet, there are many cases out there ...
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Telecommuting May Not Be a Reasonable Accommodation

The Americans with Disabilities Act requires employers to make reasonable accommodations to qualified applicants or employees known to have a disability. A reasonable accommodation is basically an ...
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Strategies for Overcoming Employee Non-Compete Agreements: Part 2

Non-compete agreements, in the employment context, are meant to protect the interests of the employer. When a company shares its ideas and business practices with its employees, which is inevitable, a ...
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Strategies for Overcoming Employee Non-Compete Agreements: Part 1

Many employees have been faced with the decision of whether to sign a non-competition agreement when they start a new job. It has become pretty common for employers to require new employees to sign ...
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How to Keep Your Employer Honest About Job Offers and Benefits

As an employee, you may have just received an offer from a current or potential employer that you believe may be too good to be true. It might be. But, if you get everything in writing you will be ...
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An Example of Non-Compete Agreements and Their Consequences

A Non-Compete Agreement or Covenant Not to Compete, in the employment context, is an agreement to refrain from entering into or starting a similar trade or profession that would be in competition ...
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An Example of Non-Compete Agreements and Their Consequences

A Non-Compete Agreement or Covenant Not to Compete, in the employment context, is an agreement to refrain from entering into or starting a similar trade or profession that would be in competition ...
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Will Congress Pass Legislation to End Forced Arbitration?

Starting a new job often means being required to sign a huge stack of documents. In many cases, that stack includes an arbitration agreement of some kind that you are required to sign if you want the ...
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Vicarious Liability and the Definition of a Supervisor

When it comes to liability in employment cases, one theory of recovery is that the company may be held responsible for the actions of its employees, but only if certain conditions are met. This is ...
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How Employers Should Respond to Sexual Harassment Complaints

You may have heard about the sexual harassment case involving Taylor Swift. Although it was not your typical employment discrimination claim, as Taylor Swift was a third-party and not an employee, it ...
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Can Your Employer Fire You for Attending a Political Rally?

In light of the recent tragedy in Charlottesville, First Amendment Rights and employment rights have converged all over the country. Following reports of several people who were caught on camera ...
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Male Applicant Brings Sex Discrimination Case

There are a few situations of discrimination where an employer can raise a successful defense to a claim of employment discrimination, including sex discrimination claims. In a recent case filed by ...
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