for the employer on the plaintiffâs retaliation claim and case dismissed,â well, youâd be right! Bet you didnât see that plot twist coming. So, Iâll offer some added context. This…
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Could two little resumĂ© errors torpedo an employee’s claims that her race got her fired?
In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumĂ© stated that she held a masterâs degree in…
Starting today, most of your workers have new, federal pregnancy-related employment protections
…â basically, the Americans with Disabilities Act for pregnancy. This House Committee on Education and Labor Report provides several examples of possible reasonable accommodations such as the ability to sit…
Even in one of the most employee-friendly states, COVID-19 isn’t necessarily a disability
employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where he obtained a COVID-19 test. While waiting for…
A company paid an employee’s final paycheck in about 91,500 oily pennies. Now, it owes 4,473,418 more.
Roman Oleinik, CC BY-SA 3.0, via Wikimedia Commons It wasnât quite instant karma. But two years after paying a workerâs final wages in a wheelbarrow full of oily…
New York is inching closer to banning non-competes
The new law would take effect 30 days after passage and only apply prospectively. Thereâs an alternative measure pending. This bill, which the NY Senate also approved earlier in the…
Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)
option who have signed arbitration agreements would have the option, but not the obligation, to arbitrate claims of age bias against employers. If the new law passes â more on…
Trial Court: 45-50 “N” words and a noose not race discrimination. Appellate Court: “Bruh…”
car to escape the harassment. The fifth element also hinges on the plaintiffâs testimony that he often complained to the supervisor about the harassment, and the company did nothing about…
He got fired after threatening to complain to HR. Could that be retaliation?
of the test. Laws like Title VII of the Civil Rights Act of 1964 protect complaints of discrimination only if when based on a protected characteristic like race. Merely complaining…
She said the quiet part loud and the loud part, well, not at all.
on the underlying disability rather than the test result. But hereâs the thing. The ADA will not help anyone if the employer is unaware of any disability. In this recent…