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Employment Law

Harris County, Texas official must take harassment training

08/30/2017
The chief of the Harris County, Texas prosecutor’s Misdemeanor Department has been disciplined for making inappropriate comments to female employees.

EEOC suit accuses PPG of disability discrimination

08/30/2017
When Pittsburgh-based PPG Industries purchased paint supply company Revocoat, it inherited a plant in Michigan—and an ADA problem.

Hershey faces ADA suit

08/30/2017
A fired worker in Seattle alleges chocolate giant The Hershey Co. wasn’t very sweet to her when she asked for a reasonable accommodation for her bad back.

Pregnancy bias often an instant win for worker

08/30/2017
Here’s a sure way to lose in federal court: Take a pregnant worker off your automatic scheduling program because you worry that she might go into labor and inconvenience your business.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

Context matters when deciding if social media posts are ‘protected activity’

08/30/2017
Some employee speech on social media may end up classified as protected activity if it can legitimately be classified as a protest against what would be illegal discrimination under laws like Title VII.

Warn against mocking sexual orientation

08/30/2017
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.

Don’t sweat minor harassment gripes

08/30/2017
Some employees can be overly sensitive to criticism or perceived harassment. Most judges expect workers to shrug off occasional irritating comments, even if they feel them to be personally offensive.