Blog Posts in 2015

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When Do Religious Exemptions Protect Employers?

While Title VII prohibits employment discrimination based on religious affiliation or beliefs, there are some exceptions or exemptions to Title VII's religion provisions for certain employers. ...
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Misclassification of Employees as Independent Contractors

One pressing issue for the Department of Labor is addressing the increase in employee misclassification. When an employer misclassifies employees in order to make them exempt from wage and hour laws, ...
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Retaliation Against Managers Who Handle Internal Discrimination Claims

Under federal law, it is unlawful to discriminate against an employee based on various protected characteristics, including race and gender. Those same laws make prohibit retaliation against an ...
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When and How to Mediate Your Employment Discrimination Case

Mediation can be a very useful tool in resolving employment discrimination cases without going to trial. Mediation can take place at virtually any time before the jury returns a verdict. In order to ...
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Sexual Orientation Discrimination Claims in Alabama

With the new laws regarding same sex marriage, it is no surprise that the issue of sexual orientation discrimination is coming to the forefront once again. The primary federal discrimination law in ...
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Religious Discrimination Case against Abercrombie & Fitch

Under Title VII, an employer can be held liable for failing to accommodate a religious practice, even when the employee has not made an express request for such an accommodation. That was the ruling ...
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Funeral Home Owner Subjects Female Employees to Sexual Harassment

On October 28, 2015, a funeral home in Fort Lauderdale, Florida was named in a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The suit alleges that the owner of ...
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Termination of Alcoholic Truck Driver Upheld

Disability discrimination claims can be very tricky. The determination of what constitutes a protected "disability" must be made on a case-by-case basis. Many medical conditions are easily ...
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Employers Seeking "Youthful Image"

The EEOC has recently brought a case of age discrimination against a national restaurant chain whose headquarters are in Orlando, Florida. The case alleges a pattern-or-practice of age discrimination, ...
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Biased Testing Requirements as Evidence of Discrimination

Proficiency exams, math tests and other forms of assessment are not uncommon in the employment context. Tests are often used in making hiring decisions. While these tests are not, per se, unlawful, ...
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I Have FMLA Leave. Can I Get off Work at Any Time?

A dangerous assumption some employees make is that, as long as they have FMLA leave, they can take time off work whenever they want and it will be “excused.” The truth is, misapplying your ...
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Hindu Employee Fired For Being a Witch

Can you believe that, in 2015, there are still some people engaging in witch hunts? Instead of Salem, Massachusetts, Fort Meade, Maryland is the site of, what seems to be, genuine religious ...
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Can Withholding a Discretionary Bonus Be an Adverse Action?

In many employment discrimination claims, it is necessary for the employee to prove that he or she has suffered an "adverse employment action." This term usually means an adverse or negative ...
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Dunkin' Donuts Franchise Charged With Sexual Harassment of Teens

In a recent EEOC lawsuit, a franchisee of Dunkin' Donuts has been accused of sexually harassing teenaged female employees. The franchisee which owns several stores in New York, has been charged ...
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Houlihan's Restaurants Accused of Wage Theft

Living in Alabama, you may not have heard of Houlihan's, a Kansas-based American casual restaurant. But, after its current legal woes, it may become a household name, though not for good reason. ...
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Can a Change in Office Space Mean Discrimination?

When someone is treated less favorably than someone else because of their race, for instance, there may be claims discrimination. There are federal anti-discrimination laws, namely Title VII, which ...
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I Can't Be Fired for What Happens Outside of Work, Right?

Many employees make the wrong assumption that what they do after they punch the time clock is none of their employer's business. The problem is, for employees who work in an "at-will" ...
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Do I Have an Employment Claim If My Employer Doesn't Follow Their Own Policies?

Your employer has a written, detailed attendance policy that they expect all of their employees to follow. But what happens when your employer fails to follow their own written policy? To make matters ...
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Does Disney Discriminate?

Like nearly all mega employers, such as Wal-Mart and McDonald's, Disney World has been the subject of many discrimination lawsuits. Recently, Disney has been faced with several, very similar, ...
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Can a Unilateral Change in Work Conditions Be Enough to Establish Constructive Discharge?

Sometimes, the situation at work can become so unbearable that an employee feels there is no other option but to quit. Depending on the circumstances, even an employee who resigns ...
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Am I Entitled to a Severance Package?

You have probably heard about top executives receiving substantial severance packages when the end their employment. A severance package is simply the pay and benefits that an employee is given when ...
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Terminating the "Old Man" May Not Be Age Discrimination

Many cases of employment discrimination involve allegations of comments that would tend to show bias toward a protected group. For instance, the use of racial slurs in a race discrimination case can ...
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The Difference Between Disparate Impact and Disparate Treatment

Discrimination in the context of employment will show itself in one of two forms: disparate impact or disparate treatment. These two legal terms of art not only describe the form of employment ...
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Employers May Be Required to Accommodate Employees Through Telecommuting

Employers are generally required to provide requested accommodations for disabled employees, as long as those accommodations are reasonable and do not place an "undue hardship" on the ...
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UPS Hit with Another Unpaid Overtime Class Action

Whenever the U.S. economy hits a low point, it is all too common for layoffs to rise. In these situations, the few employees who are left are often required to work longer hours.This may help to ...
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