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Articles Posted in Discrimination and Unlawful Harassment

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HR sorta admitting retaliation is generally a bad defense to an employee’s retaliation lawsuit

That’s Employment Law 101. And that’s basically how it went down in this recent federal court opinion from Tennessee, where the plaintiff claimed that her former employer fired her in retaliation for an email she sent to HR complaining about alleged gender discrimination and harassment. How does one demonstrate retaliation? Well, a…

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Here are the 3 biggest workplace compliance concerns for the next year? No. 2 will SHOCK you!

No it won’t. But, I do like click-bait. Seriously though, I came across Littler Mendelson’s Executive Employer Survey Report, which “examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from 844 in-house counsel, human resources professionals and C-suite executives from a range…

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A jury will hear the ADA claim of a diabetic cashier, fired for drinking life-saving juice from a store refrigerator

I imagine that this juice won’t be worth the squeeze. A couple years ago, I blogged here about a case in which a national drug store store fired a diabetic cashier for violating its “grazing” policy. That is, she opened a $1.39 bag of chips, without having paid for it first. However,…

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“We are looking to add a few young professionals” and an age-bias lawsuit, apparently.

From a reader who wishes to be identified as “ever faithful blog lover”: A while ago you mentioned ads with “digital native” as being a cover for trying to recruit “young” folks and being an ADEA violation… so what do you think of an ad that says (twice) “Young professionals” wanted?…

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This, right here, is the LGBT-discrimination case for employers to watch

According to Chris Geidner at Buzzfeed.com (here), 128 members of Congress filed a brief in Christiansen v. Omnicom Group, Inc., urging the Second Circuit Court of Appeals to conclude the discrimination based on sexual orientation is sex discrimination and, therefore, violates Title VII. So, yes, you should pay attention. I…

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EEOC reaches historic $200K settlement on its first sexual orientation bias lawsuit

In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by discriminating based on sexual orientation. Late last week, one of those lawsuits settled. Dani Kass from Law360 reports here that the EEOC and Pallet Cos., which does business as…

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Can you fire someone for getting divorced? Once court says no.

In this unanimous 6-0 decision on Tuesday, the New Jersey Supreme Court held that employers cannot let any of the following motivate an employment decision: being single; getting engaged; marriage; a break up; divorce; or recently widowed All of this constitutes discrimination based on “marital status” under New Jersey’s Law…

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EEOC: It’s time for your company to re-imagine anti-harassment training

Welp, it looks like there’s still plenty of time for me to get my money’s worth on creepy Wikipedia stock images of sexual harassment — Thank you By Leon israel – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=38824206.  The click-bait headline, “No Evidence That Training Prevents Harassment, Finds EEOC Task Force,” from…