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Louisiana

Not every illness constitutes a disability

10/15/2019
Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Nepotism isn’t necessarily discriminatory

10/15/2019
Justified or not, unsuccessful candidates without an inside track may feel as if they were cheated because they weren’t related to someone with influence, who could pull strings to help them. That disappointment won’t necessarily mean they will be able to turn charges of blatant nepotism into a Title VII discrimination case.

Yes, you can fire workers who take FMLA leave

09/04/2019
Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

Investigate every claim of sexual harassment

09/04/2019
With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

Quick action following harassment claim is essential

08/01/2019
When an alleged sexual harasser is a co-worker, employers must take immediate action to investigate. That investigation must be designed to stop any ongoing harassment and prevent future harassment. That means following up with the victim.

Note exact date you informed employees they would be losing their jobs

08/01/2019
Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Nip harassing speech in the bud to protect against hostile work environment liability

07/02/2019
Not every sexual comment at work is enough to create a hostile environment. If, for example, the target of harassing speech complains and the employer steps up to stop further comments, there are no grounds for a lawsuit. Here’s how that played out in a recent case.

Beware snarky anti-nationality comments

07/02/2019
When supervisors make snide comments about an employee’s ethnicity and then demote or otherwise change that employee’s working conditions, those comments may be considered evidence of bias.

Court: Sexual orientation bias isn’t sex bias

05/31/2019
In a case with an unusual twist, a federal appeals court has ruled that Title VII’s prohibition against sex discrimination doesn’t extend to discrimination based on sexual orientation.

Counter employee perception of unfairness by offering the facts of what really happened

05/06/2019
Some employees are suspicious that their co-workers might be getting workplace advantages that they’re missing out on. Fortunately, courts require feelings to be backed up by cold, hard facts showing discrimination.