Blog Posts in March, 2017

Not Every Request for Accommodation Under the ADA is Reasonable

The employer, in this case, was a large business that operated its customer support call center in Memphis. One of its customer service representatives (CSR) was a woman with depression and anxiety ...
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Can Rumors and Employee Drama Constitute a Hostile Work Environment?

In an interesting case out of New York, an employee claims she was terminated after complaining about sex-related rumors about her circulating in the workplace. Although the harassing sexual comments ...
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Wal-Mart Truck Drivers Awarded Millions for Wage and Hour Violations

In a recent case against Wal-Mart, brought by hundreds of California truck drivers working for the retail giant, the jury awarded $54 million for wage and hour violations. According to the lawsuit, ...
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Is There a Time Limit for Filing an Employment Discrimination Claim?

Practically every type of legal claim has a time limit in which you must file that claim or else you are barred from doing so. Personal injury claims, like slip-and-falls or car accidents, have pretty ...
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Can Refusing to Honor an Employee's New Name be National Origin Discrimination?

An employee in New Jersey filed a national origin discrimination lawsuit based on his employer’s refusal to use his new name on his paychecks. According to his pro se lawsuit, Erwin LeJon-Twin ...
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Potential for Employment Discrimination Through Social Media Searches

In this modern day of the internet and social media, some employers have found ways to discriminate even before an application has fully been reviewed. According to a recent study, a substantial ...
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Applicants Not Hired After Using Sign Language

Employment discrimination cases involving a failure to hire a job applicant are not that common because of the misconception that you cannot pursue a lawsuit against a business they did not actually ...
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Performance Improvement Plan Used to Retaliate After Age Discrimination Complaint

A survey of employment retaliation cases will show that employers attempt to use many different methods to take action against employees who make complaints about illegal conduct. Not all employment ...
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The Contours of FMLA Unlawful Interference

Most workers are familiar with the Federal Family and Medical Leave Act ("FMLA") and the protections it provides. Basically, the FMLA makes it "unlawful for any employer to interfere ...
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Are Nepotism and Favoritism Forms of Illegal Employment Discrimination?

One of the most common questions clients ask an employment discrimination attorney is whether nepotism is illegal. Clients come into an attorney’s office because their employer is hiring or ...
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Employer Uses Bogus Drug Test Results to Retaliate

While it is true that positive drug tests may be legitimate reasons to discipline or terminate an employee, the employment action must be reasonable based on the circumstances. In a recent case ...
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