Blog Posts in May, 2017

The EEOC Wants to Mediate: Now What?

If you have been discriminated against at work, the first formal step in the legal process is to file a Charge of Discrimination with the Equal Employment Opportunity Commission. This is necessary ...
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Does Title VII Cover Hostile Work Environment Claims Against a Union?

A recent case against the United Auto Workers (UAW) union brought to light an underlying question of whether an employee can maintain a claim of discrimination against a union organization. Though ...
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4 Myths About Employment Discrimination Cases

If you believe that someone at work is discriminating against you, one of your options is to file a lawsuit against your employer. Mediation can also be a very useful tool in resolving employment ...
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Prior Salary Can be a Justification for Unequal Pay

It is not uncommon for employers to establish hiring policies that set the salary of new hires at 5% more than their prior salary. On the surface, this type of policy is not based on sex. However, the ...
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Can an Honest Belief be a Defense against FMLA Retaliation?

When it comes to retaliation and the motives of an employer, a defense that employment actions were taken based on an “honest belief” of wrongdoing can be successful. It depends on the ...
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Can a Plaintiff be Reinstated after Voluntary Resignation or Reduction in Force?

No doubt most people have heard about the gender discrimination case against the multinational finance company, Goldman Sachs, brought by five female employees who were denied promotion opportunities ...
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Am I Protected Against Mental Health Discrimination?

The ADA, or the Americans with Disabilities Act, prohibits employers from discriminating against “qualified” individuals with disabilities with regard to employment decisions. This ...
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Can Criminal History Discrimination Occur in the Workplace?

It’s no secret that employers are increasingly including criminal background checks in the hiring process and then refusing to consider applicants with any type of criminal record. This is true ...
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What is Family Care or Caregiver Discrimination in the Workplace?

As most people know, the FMLA protects employees who need to take leave from work either for their own medical condition or to care for others. Under the statute, employers are required to keep the ...
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It is Illegal to Require Employees to Waive their Federal Employment Rights

After an investigation by the EEOC, it was discovered that the Illinois Department of Human Services (IDHS) was implementing a policy that required employees to waive their rights under federal ...
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Answers to Common Questions Regarding FMLA, the ADA and Workers' Comp Rights

Most employees are familiar with the Federal Family and Medical Leave Act ("FMLA") and the Americans with Disabilities Act, known as the ADA. Nearly every employee knows about Workers’ ...
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