Employment Law Blog

Racist and Sexist Comments Should Not be Allowed Even on the Picket Line

This may not be an issue on most people’s radars, but not all conduct on the picket line is unregulated. You may have read stories, or witnessed yourself, groups of unhappy employees expressing ...
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New Guidance on National Origin Discrimination in Employment

Very recently, the EEOC published new enforcement guidelines regarding national origin discrimination. The purpose of this new guidance is to address the more current cultural issues and developments ...
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Employer Cites the Need to "Sprinkle a Little Salt" as Reason for Terminating Black Employees

In a very different case of race discrimination, a manager commented that he wanted to “sprinkle a little salt” in the workplace. A black employee who was later demoted filed suit. Race ...
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Can I Be Fired for Complaining About Someone Else Being Harassed?

The primary reason most people do not speak up when they witness illegal activity in the workplace is because they fear repercussions. They are often afraid, and rightly so, that they may be ...
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Employee Terminated After Reporting Mold Problems in the Workplace

A Pennsylvania woman who worked for a pallet company was terminated after she complained of a mold problem in the workplace. Her termination is considered a violation of OSHA's whistleblower ...
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The Legality of English-Only Workplace Policies

As the workforce in our country has continued to change over the last 20 years, it is reported that approximately 17.5% of the population speaks a language other than English. That equates to roughly ...
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How the Definition of "Employee" Can Change the Course of a Lawsuit

A recent case out of Louisiana highlights the issues that can arise in employment discrimination cases simply based on the definition of "employee”. It is not uncommon for the success of an ...
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Employer Improperly Uses Hiring Formula Based on Applicant's History of Sick Leave

In a very interesting case out of Jackson, Mississippi, an employer was found to be using a hiring formula that targeted applicants with a history of sick leave for rejection. The EEOC rejected this ...
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How Do So-Called "Bathroom Bills" Affect Transgender Discrimination Claims?

If you have paid any attention to the news lately, you are familiar with the recent concerns regarding the use of public restrooms by the transgender community. In fact, there have been various laws ...
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How the Ministerial Exception Affects Religious Discrimination Claims

It is well known that Title VII prohibits employment discrimination based on religious affiliation or beliefs. Yet, as with most things, there are certain exceptions or exemptions to Title VII’s ...
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Can My Employer Terminate me for Filing Bankruptcy?

Typically, when we think of unlawful retaliation in the workplace, issues like sexual harassment, whistleblowing and race or gender discrimination come to mind. There are actually many different types ...
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Did Police Officer Suspended for Controversial Facebook Posts Suffer Retaliation?

Most employers these days have established certain workplace policies regarding employee conduct online, especially in light of the enormous popularity of social media. The main concern in most cases ...
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Discrimination against Employee "Regarded as" Disabled Because of Obesity

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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Do I Have to Specifically Say "I Need a Workplace Accommodation?"

Along with prohibiting discrimination, the ADA requires employers to make reasonable accommodations to qualified applicants or employees known to have a disability. A reasonable accommodation is ...
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Does the FMLA Require Medical Recertification?

When an employee requests leave from work under the FMLA, or Family and Medical Leave Act, employers will uniformly request a medical certification before leave will be approved. The issue arises ...
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Proving Compensatory Damages in a Worker's Compensation Retaliation Case

A worker's compensation retaliation case in Alabama provides guidance regarding the type of evidence needed to support compensatory damages awards in these particular types of cases. There are ...
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The Effects of Forced Arbitration While an EEOC Charge is Pending

As most employees know, when you start a new job it is quite common to be asked to sign a stack of documents, which often include an arbitration agreement of some sort. While many employees do not ...
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Are Employers Required to Provide Accommodations for Medical Marijuana?

In addition to prohibiting discrimination, the Americans with Disabilities Act requires employers to make reasonable accommodations to qualified applicants or employees known to have a disability. A ...
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Want the Promotion? Be "More Indian"

Most employees would appreciate some advice when passed over for a promotion. How can I improve? What were the decision makers looking for? But when an employee was told to “be more ...
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Types of Damages You Can Expect in a Wrongful Termination Case

If the purpose of an employment discrimination case is to make the victim whole, or put them back in the same position they were in, or should have been in, had discrimination not occurred, then what ...
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The Basics of Same-Sex Sexual Harassment

Society has, to a degree, become more accepting of same-sex relationships and even marriages. However, that acceptance has not permeated into the workplace. When people think of sexual harassment, ...
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Who is the Employer and Who is the Employee?

In employment cases, it is generally expected that the employer is the one responsible for preventing discrimination or retaliation against its employees. However, the question of who is actually the ...
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3 Things to Keep in Mind if you have an Employment Contract

All employment relationships are contractual, whether or not a contract is ever reduced to writing. An employer and employee can enter into either an express or implied agreement that modifies the ...
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Failure to Promote Based on a Foreign Accent

Race and national origin discrimination certainly comes in many different forms. A recent employment case out of New York demonstrates that evidence of disparate treatment based on an employee's ...
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Can a Staffing Agency Be Liable for Discrimination?

While more employers are using staffing agencies to fill certain positions, issues arise regarding who the actual employer is and, even more importantly, who is responsible for discrimination. In ...
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