Blog Posts in September, 2016

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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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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