Employment Law Blog

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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Concern for Safety of Unborn not a Legitimate Defense to Pregnancy Discrimination

While people can be well-meaning when they offer unsolicited advice about your pregnancy, when it comes to the workforce, it is not appropriate for your employer to make decisions based on your ...
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Can Your Boss Fire You for Being "Too Cute?"

It may sound absurd, but a New York City resident was fired from her job allegedly for being "too cute." The story actually boils down to an apparently jealous wife who was opposed to her ...
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Disney Whistleblower Terminated and then Rehired

The horrific story of a 2-year-old being snatched by an alligator at Seven Seas Lagoon recently has been big news. In response, people have come forward with stories of alligator sightings at Disney. ...
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Frequently Asked Questions About Sexual Harassment in the Workplace

Frequently Asked Questions about Sexual Harassment in the Workplace When most people think of sexual harassment, they think of lewd sexual comments either addressed to female employees directly or ...
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Timing of Accommodation Request Crucial in ADA Case

Timing can often be a critical issue in employment discrimination cases. Why? Because intent is important and if you cannot establish knowledge of protected activity or inclusion in a protected ...
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Things You Need to Know About FMLA Eligibility

Three Things You Need to Know About FMLA Eligibility The Family and Medical Leave Act, known as the FMLA, provides protection to employees who need to take leave from work, either for their own ...
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How Certain Severance Agreement Provisions Can Impact Whistleblower Claims

If you are offered a severance package by your employer, beware of the conditions your employer may place on receiving that compensation. Most companies will require employees to sign a general ...
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Mistreatment of Muslims in the Workplace Constitutes Religious Discrimination

According to the EEOC, the number of workplace religious discrimination charges is continuing to rise. In a recent case filed by the EEOC, a St. Louis company was alleged to have discriminated and ...
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Is FMLA Coverage Expanding?

It is true that there are a number of bills pending that, if passed, will have significant effects on the Family Medical Leave Act. One bill in particular, the Family and Medical Leave Enhancement Act ...
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No Real Improvement in the Gender Pay Gap

With the history-making nomination of Hillary Clinton as the first female presidential nominee, we are necessarily reminded of the long-standing disparities in pay that women in the United States ...
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Common Questions about Pregnancy-Related Workplace Limitations

Following the Supreme Court's ruling in Young v. UPS, the EEOC updated its administrative guidelines on pregnancy discrimination, especially in the area of accommodating pregnant employees. These ...
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ADA Accommodations also Apply to Applicants

There are many federal statutes that protect individuals from discrimination based on certain protected categories. These categories include race, sex or gender, religious beliefs, age, among others. ...
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Termination for Stolen Bell Pepper Leads to $16M Age Discrimination Case

Who knew that allegations of stealing a 68-cent bell pepper would lead to a huge employment discrimination verdict to the tune of $16 million? Certainly not the California resident who received this ...
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Proposed Update on National Origin Discrimination EEOC Guidance

It appears the EEOC is on a roll when it comes to updating their discrimination guidelines, which is a good thing. The latest area of employment discrimination to be rehashed is national origin ...
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11th Circuit Considering Viability of Sexual Orientation Discrimination Claims

While no federal appeals court has yet declared sexual orientation discrimination to be a violation of Title VII, these types of claims are being pursued more frequently forcing courts to consider the ...
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Department of Labor's Sex Discrimination Guidelines Finally get a Makeover

It has been more than 45 years since guidelines were first established to ensure nondiscrimination of females in the workplace. The Sex Discrimination Guidelines, as they havebecome known, have not ...
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Family Responsibilities Discrimination: What These Types of Claims Involve

The protections afforded to employees by the FMLA include allowing employees to take leave from work to deal with health issues, without the fear of losing their jobs. While an employee is off on FMLA ...
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Employment Contracts: Good or Bad?

Employment relationships are inherently contractual, regardless of whether the terms are reduced to writing. Alabama is an employment-at-will state, meaning your employer does not need good cause to ...
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What is the "Coming and Going Rule"

Alabama Workers' Comp is an insurance program which offers medical benefits and wage replacement for employees who sustain a job-related injury. The determination of whether a reported injury is ...
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DOL Regulations May Not Always be Enforced by the Courts

In a recent Supreme Court case regarding FLSA overtime and exempt employee rules, the Court refused to give deference to certain DOL regulations without the DOL's reasoned explanation for policy ...
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Common Questions about the new "White Collar" Overtime Rule

By now most employees are at least familiar with the U. S. Department of Labor's (DOL) recently published final rulemaking changes to the so-called "white collar" overtime exemptions. ...
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Bartender Terminated Simply because she was Pregnant

You would think that, by now, employers would know better than to openly fire an employee because they are pregnant. However, there are those employers who simply believe what they are doing is not ...
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FLSA Minimum Salary Thresholds for Overtime have Increased

The new federal overtime rule has been highly anticipated since President Obama's Presidential Memorandum was signed in 2014. It was then that the President first directed the Department of Labor ...
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