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Blog Posts in July, 2014

Schwartz & Perry Wins Motion in Racial Discrimination Case

In almost every case in which an employee is terminated and then brings a lawsuit alleging that the firing was discriminatory, the employer will try to defend itself by showing that the employee was ...
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Requirement of Physician Certification for FMLA Leave Must be Properly Communicated to Employee

The Family and Medical Leave Act (FMLA) does not require that every employee requesting leave to provide a physician certification confirming the existence of a serious health condition. However, the ...
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Be Sure to Use Employer's Procedures for Sexual Harassment Investigations Before Bringing Suit

If you have been sexually harassed at work, lost your job, and you want to start a lawsuit to enforce your rights under Title VII, it is extremely important for you to show that you used your ...
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Sex-Neutral Acts Relevant in Gender Discrimination Claims

It is fairly well settled that to prevail on a claim of hostile work environment based on gender discrimination, the plaintiff must establish that the abuse was indeed based on his or her gender. ...
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New Law in New York State Gives Interns Same Protections as Employees

Until now, interns in New York were not considered employees, and thus were not entitled to the protection of New York law regarding sexual harassment and discrimination. That loophole is no more. But ...
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Company Counterclaims After Racial Discrimination Complaint

If you are going to sue your employer for discrimination, make sure your motives are pure and your evidence is accurate. Otherwise, you might be accused of extortion. Benjamin Moore & Co. made ...
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Twitter Hit With Age Discrimination Suit

Age discrimination in the tech industry has become a hot button issue recently, as the baby boomers who were present at the start of the technology revolution in the 80s have aged and as their kids ...
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Does "You Are Not a Team Player" Really Mean "You Are Too Old"?

Suppose you are fired because, according to your manager, the company is experiencing financial difficulties and it needs to reduce its overhead. But also HR is informed that you are not a "team ...
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EEOC Releases New Enforcement Guidelines for Pregnancy Discrimination

On Monday the EEOC issued an enforcement guidance memo which goes into considerable detail regarding the laws prohibiting pregnancy discrimination in the workplace. Of particular interest are the ...
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Is Statement By Employer That "You Don't Fit In" a Sign of Racial Bias?

What would you think if your employer passes you over for a promotion because you don't "fit in" with the rest of the team? Would your answer change if you were a member of a minority ...
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Dialysis Company Sued for Disability Discrimination

In what seems to be a continuing effort to filing cases against companies that should have known better, the EEOC has filed a lawsuit against a major dialysis nonprofit for disability discrimination. ...
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Age Discrimination in the Court System?

One would assume that a place with lots of lawyers and judges who deal with the law on a daily basis would be aware of laws against discrimination, but apparently this is not the case in the Allegheny ...
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Sexual Harassment Claim for Secret "Upskirt" Photos

As smartphones become ubiquitous, it is becoming increasingly hard to tell whether someone is just talking to a friend or instead, stalking you. It is a problem in the workplace as well, as a lawsuit ...
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NYC Western Themed Bar Gets a Bit Too Raunchy for Female Employees

Restaurants with "wild west" themes are popping up throughout the east, but one in New York City seems to have taken the idea a bit too far, at least from the female employees' point of ...
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FMLA Leave Requests Not Required to State Expected Duration of Leave

If you take FMLA leave from work, are you required to tell your employer when you expect to return? Yes, FMLA regulations require that an employee specify the expected duration of the leave on the ...
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Dating Site Hit With Sexual Harassment Suit

In the "you can't make this stuff up" category today, Whitney Wolfe, a former executive of a dating app known as Tinder, has filed a suit against the company for sexual harassment, as ...
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How Will the Supreme Court's Hobby Lobby Decision Affect Workplace Discrimination Laws?

The United States Supreme Court yesterday decided Burwell v. Hobby Lobby Stores [pdf] , holding that a closely held corporation is a "person" that can hold a religious "belief" for ...
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