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Discrimination Based on Perceived Sexual Orientation??

Posted on March 29, 2017

the situation An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the […]

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Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim

Posted on March 22, 2017

the situation An employee begins working as a sales consultant and from the beginning, has serious performance issues. She is given a number of warnings and even placed on an improvement plan. After she receives a final warning threatening termination if her performance does not improve, she submits a request for FMLA leave for some […]

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Has Filing an EEOC Charge Just Gotten Easier?

Posted on March 15, 2017

the situation In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge […]

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Firing Six Weeks After Charge Enough to Show Retaliation?

Posted on March 8, 2017

the situation An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can […]

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Can Hugging Be Hostile?

Posted on March 1, 2017
Posted in Title VII

the situation One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your company for a number of years ends up filing a charge with the EEOC, asserting a hostile work environment in violation of Title VII, […]

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Concerned About Protecting Your Trade Secrets?

Posted on February 22, 2017

the situation Something that many employers have in common is a concern about protecting their confidential information, particularly in this day and age, when job hopping is somewhat common.  Many employers have some significant concerns about making sure that their trade secrets are fully protected from disclosure by employees that move on to greener pastures—this […]

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Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?

Posted on February 15, 2017

the situation An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature.  You interview some of the other employees who were purportedly present when these statements were made and none of them back up the complaining employee’s story. The supervisor […]

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Can Employers Obtain Cell Phone GPS Data In Unpaid Overtime Case?

Posted on February 8, 2017

the situation You operate a company in which employees frequently use personal cell phones for work reasons.  A group of employees joins together and files a collective action, asserting that you failed to pay them overtime as required under the FLSA.  You want to get ahold of GPS and location services from their cell phones […]

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New FLSA Test for Joint Employers in Fourth Circuit—If You Use Subcontractors, Pay Attention!

Posted on February 1, 2017

the situation A general contractor regularly engages a certain subcontractor to do drywall installation needed on its jobs.  The subcontractor works almost exclusively for the general contractor.  If the employees of the subcontractor are not paid overtime as required by the FLSA, can the general contractor face liability?

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Would Your Company Need to Let an Intellectually Disabled Employee Work Shorter Shifts?

Posted on January 25, 2017

the situation You have an employee with intellectual limitations who typically has worked a consistent schedule of 12 pm until 4 pm.  The employee has historically been a good employee and received good marks on performance reviews.  You implement a new computerized scheduling process, pursuant to which employees are all automatically scheduled for various eight […]

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