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Blog Posts in August, 2014

Toyota Hit With Sexual Harassment and Retaliation Lawsuit

Often employees who have been subject to sexual harassment in the workplace are terrified about filing a complaint because they fear that they will lose their job. That is the very reason why ...
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Estimates for Intermittent Leave Under the FMLA Are Not Ironclad

When an employee requests FMLA leave, the employer may take the employee at his word and grant the request, or may request certification from the employee's physician. The certification is ...
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Food Lion Hit With Religious Discrimination Lawsuit

As our population becomes more diverse, it is becoming incumbent upon employers to accommodate the various religious practices of their employees. In fact, the law requires them to do so. One employer ...
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People Magazine Sued for Racial Discrimination

Racial discrimination in the media is sometimes hidden in plain sight. Does anybody notice that some publications same to feature stories on people of one particular color? Tasha Robertson, a black ...
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ADHD Diagnosis Not Sufficient for ADA Claim

Not every impairment is a disability under the Americans with Disabilities Act. And without a "disability" within the meaning of the ADA, there is no obligation to accommodate and there is ...
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Disabled Workers Should Complete Interactive Process with Employer for Accomodation

The Americans with Disabilities Act requires that employers offer disabled employees a reasonable accommodation to allow them the opportunity to continue working. An employer must engage in an ...
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Legally Blind Worker Sues Home Depot for Requiring Smartphone Use

As many companies begin to require their employees to use tablets and smartphones in the workplace, some workers are having problems dealing with their small screens (maybe this is the reason Apple is ...
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Claim for Retaliation Not Barred Merely by Passage of Time

Retaliation by an employer against an employee for complaining about sexual harassment is illegal under Title VII. But what if the retaliation takes place over 3 years after the alleged harassment ...
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Employer Unaware of Employee's Religious Beliefs Not Liable for Religious Discrimination

It is unlawful for an employer to discriminate against an employee because of his or her religion under Title VII of the Civil Rights Act of 1964. But what if the employer is not made aware of the ...
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Rampant Sexual Harassment at a Potato Company

Experiencing sexual harassment in the workplace is horrific enough, but then being fired for complaining about it is the worst possible outcome. A complaint filed by the EEOC last week against a ...
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Signs of Racial Discrimination in the Workplace Often Subtle

Stray comments made by employers can be crucial in a discrimination case. Sometimes the comments can seem innocuous when taken out of context, but sinister when looked at in light of all the facts. ...
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Employer Sued for Interfering with Employee's FMLA Rights

Not only are employees entitled to take medical leave under the Family and Medical Leave Act (FMLA), but the law also prohibits employers from interfering with their opportunity to take such leave. A ...
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Stray Remarks Can Be Crucial in Proving Age Discrimination

In age discrimination cases, seemingly "off the cuff" remarks made by an employer can be crucial in proving your case. In a decision handed down last month in a New York federal district ...
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Sexual Harassment and Workplace Affairs Often Go Together

Inter office affairs are generally fraught with risks, and commonly lead to sexual harassment claims. They are especially dangerous when they take place between an employee and her supervisor. A ...
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