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Blog Posts in October, 2014

Age Discrimination Claim Survives Even Though Position Offered to Older Worker

It is well settled that if an employer fires an employee over 40 and replaces him with a younger worker, that fact pattern constitutes evidence of age discrimination. But what if the employer first ...
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Braun Electric Settles Sexual Harassment Lawsuit

Garden variety sexual harassment exists in all types of workplaces. Employers will get away with it unless employees take action to stop it. Samara Schmidt took such action and her employer paid the ...
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Circumstantial Evidence of Age or Race Discrimination is Sufficient

Should a cashier who is 54 years old and black be employed by a supermarket whose managers preferred young white employees? What if the evidence of such a preference is just circumstantial? Apparently ...
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Sexual Harassment Happens Even Where Employees Should Know Better

As readers of this blog are aware, sexual harassment can happen in all types of workplaces. But one would expect that employees of a law firm that specializes in employment law would know better. It ...
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Gender Discrimination Happens To Men Too

Sexual harassment complaints are generally made by women, but not always. It can happen to men too. It's illegal no matter who is the victim. Jeffrey Whitney worked at TJX in Massachusetts, which ...
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Favoritism Towards a Paramour is Not Gender Discrimination

If your supervisor gives a promotion to his paramour, passing you by even though you are more qualified, does that constitute gender discrimination or harassment? No, according to a recent 10 th ...
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Microsoft Hit with $2 Million Judgment in Sexual Harassment and Discrimination Case

Inter-office romances can create awkward situations in the workplace, but when they occur between a worker and a supervisor, things can get a lot more complicated, as Microsoft found out the hard way ...
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Lewd Behavior and Comments Support a Sexual Harassment Claim

Under Title VII, for there to be a successful claim for a hostile workplace due to sexual harassment, the behavior must be "severe and pervasive". Just how bad does do the hostile actions ...
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Religious Symbols in the Workplace Lead to Discrimination Complaint

What does it take to prove a hostile work environment claim based on religious discrimination? If you are discouraged from displaying religious objects in your workplace by a supervisor of a different ...
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