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Don’t Tread on Me Flag Considered Racist?

Posted on August 24, 2016

the situation You have an employee that frequently wears a shirt displaying the “Don’t Tread on Me” (also known as the Gadsden flag).  Another employee complains of discrimination, claiming that this symbol is creating a hostile work environment.  Could this really be a claim?

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Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle

Posted on August 10, 2016

the situation One of your employees announces she is pregnant. Not long after, she complains that ever since she announced her pregnancy, her manager has been treating her differently, including not allowing her to take bathroom breaks. What sort of exposure do you have?

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I Found My Employee’s Resignation Notice on Her Desk—Is This Considered Notice?

Posted on August 3, 2016
Posted in Other

the situation You have an employee who has been acting somewhat disgruntled.  One night, after hours, you come across an envelope on her desk with your name on it that contains a letter saying that she is resigning and her last day will be in two weeks. She shows up in the morning and you […]

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Use of Staffing Companies and Joint Employer Status

Posted on July 27, 2016

the situation Your company has a contract with a staffing company whereby the staffing company provides you with employees for particular positions.  These contract employees enter into employment agreements with the staffing company.  These employment agreements specifically state that if a company contracting with the staffing company to provide services asks that the employee be […]

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Hundreds of Thousands of Dollars and Agreement to Provide Future Training To Settle One of EEOC’s First Sexual Orientation Discrimination Lawsuits

Posted on July 20, 2016

the situation One of your supervisors regularly makes jokes about the sexual orientation of one of your female employees—along the lines of how he would like to turn her back into a woman and how she would look good in more feminine attire.  She complains about the supervisor’s comments.  If she is subsequently fired, could […]

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Jezebel Comment Leads to Hostile Work Environment Claim

Posted on July 13, 2016

the situation During the interview of a prospective new employee, one of your male supervisors comments on a female employee’s attractiveness.  After the employee is hired, the same supervisor repeatedly and frequently comments on the employee’s appearance and attire.  The supervisor then begins calling her a Jezebel.   She quits, citing the problem with the supervisor […]

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Watch Out-Steeper Civil Penalties Up Ahead

Posted on July 6, 2016

the situation You can face civil penalties if the DOL determines that you have violated any of the laws that its departments help to enforce—including, for example, OSHA and the FLSA.  Some of these penalties have stayed at the same amount for the last twenty years (or even longer).  But recently, as a result of […]

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You Fired Me Because I’m an Alcoholic—Is that Discrimination?

Posted on June 29, 2016

the situation You have an employee that has suffered from severe alcoholism for some time.  After a couple of instances where he fails a breathalyzer while on the job, you fire him.  You tell him he can come back if he completes an intensive alcohol rehab program.  He enrolls in such a program and then […]

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Employee Wellness Programs—New EEOC Input

Posted on June 22, 2016

the situation Because you want to encourage your workforce to be healthy, you decide to implement an employee wellness program.  What are some of the steps should you take to make sure your wellness program does not violate the ADA?

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Is Advance Notice of Termination Required?

Posted on June 15, 2016
Posted in Other

the situation Based on your current business needs, you decide to terminate a long-standing employee.  You make the termination effective immediately.  Does the employee have a right to claim that she should have been given advance notice of her termination?

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