Blog Posts in July, 2017

Mixed-Motive Proof and FMLA Retaliation

What some employers may not realize is that, even when there is no direct evidence of retaliation, an employer typically has the ultimate burden of proving it did not engage in retaliation. A Third ...
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When a Disability Accommodation Might Violate the Law

Claims against the Department of Transportation (DOT) for accommodating an employee’s disability by reassigning him to a position with less opportunity for promotion might have been a violation ...
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Immigration-Based Discrimination Claims Against Popular Food Chain

Panda Express, which has more than 1,800 restaurants across the country, has recently settled a claim of immigration-related discrimination brought by its employees. The company was under ...
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Important Changes at the Department of Labor Under the Trump Administration

Employers will certainly be happy with the new developments at the Department of Labor. President Trump’s appointment of a new Labor Secretary, Alexander Acosta, has brought about a few ...
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Recent Case Suggests that Attorney Litigation Strategies May Be FLSA Retaliation

The issue addressed in a recent Ninth Circuit case was whether the litigation strategies of an attorney representing an employer in an FLSA suit can serve as the basis for a retaliation claim. ...
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Pizzeria Settled Discrimination Suit Against Hispanic Employees

A recent case out of New York once again highlights the illegality of English-only rules and hostile work environments based on nationality. A New York pizzeria allegedly subjected its Hispanic ...
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Telling Female Employees They Can't Excel Like Men Can Be Actionable

As long as employment discrimination lawsuits have been around, one might think that employers would have learned to stop making clearly discriminatory comments to employees. But a recent case ...
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Joint Employer Issues in Employment Cases Against Franchises

An important, and often tricky, aspect of employment discrimination claims is determining the existing employee-employer relationship. In order to properly bring an employment discrimination claim ...
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