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Employment Law

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.

Pennsylvania settles world’s most predictable lawsuit

08/30/2017
The Pennsylvania State Office of Public Records has agreed to pay $60,000 to settle an EEOC age discrimination lawsuit that alleged it passed over a seasoned, older attorney to hire a less experienced, young applicant for an appeals officer position.

What steps can we take to keep pay from being discussed?

08/28/2017
Q: “Is it legal for a small, privately-held business to make it company policy that staff are not to discuss their contracts, pay or benefits with each other? If the policy is violated, is it legal to make it grounds for termination after three write-ups?” – Lisa, Virginia

EEOC on the way? Prepare your supervisors

08/24/2017
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Deciding contractor status reverts to 6-factor test

08/22/2017

Companies now have greater flexibility to engage outside labor without fear they will be charged with trying to dodge minimum wage or overtime rules.

Ford to pay $10 million to settle EEOC harassment charges

08/22/2017
Ford Motor Company has agreed to pay $10.125 million to settle EEOC charges of sex and race harassment against a group of employees at two Ford plants in Illinois.