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Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination.

That begs the question: when is COVID-19 a disability under the Americans with Disabilities Act?

I’ll supply a fact pattern. You grab a gavel, black robe, and perhaps one of those white wigs, and we’ll see what you think. Continue reading

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Did you happen to catch my friend Jon Hyman’s blog post about employers who surreptitiously install tracking software on electronic devices to monitor their employees?

Your mileage may vary as to whether it’s good for business. In some states, it may be downright illegal.
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About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job. Continue reading

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A plaintiff asserting a retaliation claim against his employer must establish three elements:

  1. A protected activity (such as complaining about discrimination),
  2. A materially adverse employment action (such as a termination of employment), and
  3. A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)

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“Doing What’s Right – Not Just What’s Legal”
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