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Employment Law

Ensure similar infractions are similarly punished

06/02/2016
Make sure that you punish similar transgressions fairly and equally. That’s especially true for serious rules violations. A pattern of punishing one protected class more severely than another is sure to lead to litigation.

For federal employees, complaint clock starts ticking on date of adverse decision

06/02/2016
Federal employees have just 45 days after a discriminatory act or decision to file an internal complaint.

Excluding women isn’t an acceptable sexual harassment-prevention strategy

06/02/2016
Employers are obligated to provide a work environment free of sexual harassment. They can’t satisfy that responsibility by segregating the workforce by gender, even if doing so would certainly prevent harassment.

Keep careful records of all efforts to accommodate disability under the ADA

06/02/2016
If you have provided a reasonable accommodation for an employee who has a disability, make sure you document any subsequent changes to that accommodation.

7th Circuit ruling sets up split on class-action waivers

06/02/2016
A federal appeals court ruled late last month that arbitration agreements prohibiting class-action lawsuits violate the National Labor Relations Act.

Action and reaction: EEOC floats guidance on retaliation enforcement

05/31/2016
Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.

Doubtful accommodations? Let employee try anyway

05/31/2016
Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

No matter how unlikely the allegations, always investigate reverse sex discrimination

05/31/2016
Here’s a reminder that it’s not just women who can allege sex discrimination and a hostile work environment. Men can, too, under the right circumstances.

Absent health problems, obesity isn’t ADA disability

05/30/2016
Merely being obese is not a disability under the ADA, a federal appeals court has ruled.

Employers gain new weapon to protect their trade secrets

05/27/2016
President Obama last month signed into law the Defend Trade Secrets Act.