Articles Posted in Discrimination and Unlawful Harassment


About 3 years ago, after a 6-day trial, a Colorado federal jury concluded that a plaintiff had been retaliated against for participating in a discrimination complaint process. But, the jury didn’t award her much: $14,000 for out-of-pocket expenses, and $5,000 for emotional distress, pain, suffering, embarrassment, humiliation or damages to reputation.

Then, her lawyers filed a motion for attorney’s fees and costs. Continue reading

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Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough.

Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can disrupt the workplace. And, it can create a big problem where the employee is a threat to himself or others. Continue reading

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Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources.

Save the Family and Medical Leave Act, I get more calls about the ADA from business owners, HR professionals, and decisionmakers, than any other employment law. Continue reading

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On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.”

On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington Blade (here). Continue reading

Showing your pride - DC Gay Pride Parade 2012 (7356403050).jpgLast Friday, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex discrimination also takes into account “sex-based considerations,” which includes sexual orientation. Continue reading

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Unless you practice law or operate a business in New Jersey, you just don’t know.

You, the naive reader, may assume that California is the state with the most employee-friendly laws. And, while that may be true, New Jersey isn’t too far behind. For example, back in 2010, the NJ Supreme Court recognized (here) in Quinlan v. Curtiss-Wright Corp. that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination.

But, late last month, the NJ Supreme Court revisited the issue…and the record scratched. Continue reading