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Blog Posts in June, 2014

Do Discrimination Law Protect Divorcing Workers?

Do the laws against discrimination in the workplace protect divorcing workers? They do, according to a recent New Jersey case decided last Friday. Robert Smith had been employed by MRS, a Millville, ...
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Nude Sunbathing at Work Not Recommended in Employment Discrimination Claims

If you are going to file a lawsuit against your employer for race discrimination under Title VII, you had better not be caught sunbathing in the nude on the roof of your workplace, especially if ...
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Pregnancy Discrimination at a Massage Parlor

Can a pregnant woman work at a massage parlor? There could be some issues which would require some accommodation on the employer's part. But if she is working at the front desk, there should not ...
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Is Reference to Your "Shelf Life" a Sign of Age Discrimination?

If you overhear your boss talking about your "shelf life", is he likening you to a vegetable, or is he slyly referring to your age? Giving him the benefit of the doubt, since you are a bit ...
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Dept. Of Labor Proposes Rules Expanding FMLA Leave to Same Sex Couples in All States

Currently the Family and Medical Leave Act only applies to same sex couples in states that recognize same sex marriage. However, last Friday The U.S. Department of Labor proposed a rule to extend the ...
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How Many Insults Does It Take To Prove a Racially Hostile Work Environment?

How many times do you have to be racially insulted to claim that you are in a hostile work environment? More than once, it would appear. James Nichols was hired by Michigan City in 2011 as a ...
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Is an Alcoholic Truck Driver Qualified to Sue under the Americans with Disabilities Act?

In order to prevail in a case under The Americans with Disabilities Act (ADA) a plaintiff must show three things: (1) he is disabled; (2) he is a qualified individual; and (3) he suffered unlawful ...
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"Me Too" Evidence of Racial Discrimination Not Enough

A hostile work environment caused by racial discrimination is illegal under the Civil Rights Act of 1964. In most cases, the employee must have experienced such an environment directly to prevail in a ...
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Video Editor Sues for Racial Discrimination in her Workplace

Racism can rear its ugly head anywhere and anytime, causing anger and humiliation, but when it happens in the workplace, it affects people's very livelihood. Last Friday, a complaint was filed in ...
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Disney Hit By Age Discrimination Lawsuit

The quintessential red flag indicating age discrimination occurs when an employee over the age of 40 is fired and replaced by a worker under age 30. The Walt Disney Corporation was hit with a lawsuit ...
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Sexual Harassment By Company President Leads to Lawsuit

In some small companies sexual harassment is tacitly accepted for years, especially when the perpetrator is the president of the company. Everybody below him fears for their jobs, and nobody ...
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Is It Religious Discrimination if Employees Are Made to Say "I Love You"?

What if your employer required you and your co-workers to pray, burn candles, and tell colleagues "I love you."? Besides the potential sexual harassment issues that might unintentionally ...
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Age Discrimination Can Affect Your Health

As if it weren't bad enough to lose your job because of job discrimination, research shows that it can adversely affect your health as well. According to a study conducted by the Florida State ...
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How Many Racial Insults Are Needed to Demonstrate a Hostile Work Environment?

Just how often do you have to be subject to racial epithets before it is considered a hostile work environment due to racial discrimination? According to one court, being insulted on two successive ...
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Department of Homeland Services Loses National Origin Discrimination Case

As anti-immigrant sentiment rises, especially during an election year, we tend to see more national origin discrimination cases. A recent case examined the actions of the Department of Homeland ...
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Pregnancy Discrimination Suit Brought by Employee Who Lost Work at Home Privileges

What if you work at home, become pregnant, tell your employer, and he says fine, no problem, just keep doing your job. Then suddenly you are told that you your job is changing, and you have to work in ...
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Be Sure to Follow Company Policies Before Suing for Pregnancy Discrimination

If you feel you have been subject to pregnancy discrimination at your workplace, you must be sure you have taken advantage of all your employer's procedures for providing an accommodation, ...
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Is an Employer's "Men Only" Event for Its Customers Gender Discrimination?

What if your employer held a "men only" event for its customers, and you, a woman, were excluded? Would you feel that you have been discriminated against? Ok, maybe since you are of the ...
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Medical Services Company Settles Disability Discrimination Suit

In a somewhat ironic case, a medical services company which provides emergency and non-emergency medical transportation serving medical facilities and communities located in northeast, central, and ...
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Egregious Sexual Harassment and Retaliation at a Maryland Restaurant

In a shockingly blatant example of sexual harassment in the workplace, the EEOC has settled a lawsuit against Basta Pasta, a restaurant in Maryland. According to the complaint, the plaintiff (who was ...
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