Blog Posts in January, 2016

UPS Settles 9-Year Pregnancy Discrimination Case

Even with the EEOC's new enforcement guidelines, explaining the various protections pregnant employees have from discrimination in the workplace, disparate treatment still occurs. The United ...
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Employers Can No Longer Avoid Retaliation by Isolating the Decision Maker

One hurdle employees frequently need to overcome in retaliation cases is establishing retaliatory motives. That hurdle is made more difficult when the person who "technically" makes the ...
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Job-Related Anxiety and the ADA

Employees are protected from discrimination at the hands of their employers, based on certain disabilities. The ADA, or the Americans with Disabilities Act, prohibits employers from making employment ...
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Can I Be Fired While on Maternity Leave?

A mother who is terminated while on maternity leave may assume that she has a legal claim for discrimination. However, as with most legal claims, it depends. It depends on the reason for the ...
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Can the Refusal to Rescind a Resignation be the Basis for Retaliation?

The technical definition of "retaliation" occurs when an "adverse employment action" is taken against an employee because that employee engaged in "legally protected ...
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Federal Court Focuses on Intent Behind Racial Slurs

In a very recent decision by the Tenth Circuit Court of Appeals, a federal district court was ridiculed for its handling of a racial harassment case involving the N-word and references to lynching. ...
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Retaliation for Standing up to Sexual Assault

Unfortunately, reports or sexual assault on college campuses have become very commonplace recently. One report says that nearly 1 in 5 college freshman is sexually assaulted on campus. Most ...
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Can't Teach an "Old Dog" New Tricks

Although this may be a very common saying, it can also be a sign of age bias in the working world. It is not unusual for employment discrimination allegations to include biased comments toward a ...
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Microsoft Accused of Systemic Gender Discrimination

Despite Microsoft's trend of including arbitration agreements in all of its consumer contracts in an effort to forestall class action lawsuits, the mega tech company is currently facing class ...
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How Do FLSA Requirements Apply to Tipped Employees?

While the wage and overtime protections of the Fair Labor Standards Act (FLSA) apply to non-exempt employees, there are some unique differences in how these protections apply to "tipped ...
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