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    • Ex-Employee Claims Facebook Routinely Fires People Over 50

      Ex-Employee Claims Facebook Routinely Fires People Over 50 Worker alleges managers set him up to fail so they could terminate him Age discrimination cases often come with their own set of code words. ...

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    • Is Age Discrimination Becoming an Epidemic?

      Is Age Discrimination Becoming an Epidemic? What all workers over 40 need to know Would you believe that nearly two-thirds of people from ages 45 to 74 said they had experienced or witnessed age ...

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    • The Sometimes-Subtle Face of Age Bias

      The Sometimes-Subtle Face of Age Bias Over 40? Here’s what you need to know about age discrimination “You’re not a good fit with our culture.” “We need people with youthful energy running the ...

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    • Are Disabilities and Serious Health Conditions the Same Thing?

      Are Disabilities and Serious Health Conditions the Same Thing? Unraveling federal regulations that govern medical issues If you’re uncertain of your rights regarding disabilities, injuries, and ...

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    • Can a Company Refuse to Hire a Recovering Drug Addict?

      Can a Company Refuse to Hire a Recovering Drug Addict? What the Americans with Disabilities Act says about drug addiction There’s no lawful reason a company would ever be required to hire someone who ...

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    • Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement

      Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement Women claim they were treated unfairly due to pregnancies "Aren't you ever going to quit having kids?" ...

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    • Fighting Employer Retaliation in the Wake of the #MeToo Movement

      When the Weinstein scandal exploded in 2017, actress Alyssa Milano famously encouraged social media users to spread the hashtag #MeToo in an effort to demonstrate just how many men and women ...

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    • 3 Things That May Indicate a Hostile Work Environment

      3 Things That May Indicate a Hostile Work Environment What the law says about toxic workplaces Is being rude and abrasive at work against the law? In most cases, the answer is obviously no. There are ...

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    • What to Do if You've Been Forced to Quit Your Job

      What to Do if You’ve Been Forced to Quit Your Job What you need to know about constructive discharge Many workers believe that they can’t sue their employers for discrimination or harassment if they ...

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    • Independent Contractor or Employee? Are there differences?

      There are distinct differences between independent contractors or freelancers and employees. Some of the differences are obvious but some are more subtle. In short, being an independent contractor ...

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    • Can I Be Fired for My Personal Social Media Posts?

      Technology has blurred the line between our public and private lives. With the rise of social media, more and more employers are now using Facebook statuses and Twitter feeds as grounds for ...

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    • Fighting Employer Retaliation in the Wake of the #MeToo Movement

      When the Weinstein scandal exploded in 2017, actress Alyssa Milano famously encouraged social media users to spread the hashtag #MeToo in an effort to demonstrate just how many men and women ...

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    • Social Media Post Almost Sinks Disability Discrimination Suit

      Regular readers of this blog should know to be careful what they post on social media, especially with regard to their employers. One employee found this out the hard way, though he got lucky when a ...

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    • The Rights of Independent Contractors

      The law provides certain benefits to employees, including the right to be free from unlawful discrimination and the ability to collect unemployment insurance benefits. Individuals who are classified ...

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    • Race Discrimination Rejected in Appeals Court

      John Hithon, an African-American male, and former employee of a food plant, brought suit against his former employer alleging race discrimination . Hithon, who possessed 13 years of experience on the ...

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    • Can You Be Fired During Medical Leave?

      Can You Be Fired During Medical Leave? What you need to know about returning to work after FMLA leave Your surgery was a success and you’ve completed rehabilitation. Your doctor has cleared you to ...

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    • When Taking Medical Leave is a Career Killer

      When Taking Medical Leave is a Career Killer How to tell if you’ve been a victim of FMLA retaliation Imagine that you return to work after medical leave only to find that your job isn’t what it used ...

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    • When Your Boss Disagrees With Your Doctor

      When Your Boss Disagrees With Your Doctor Fast-food worker says boss made her flush her medication Employees on medical leave who are directed to return to work or be fired … Staffers who are told to ...

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    • Brian Heller is Now a Name Partner at Schwartz Perry & Heller

      Schwartz & Perry has been renamed to Schwartz Perry & Heller​ with Brian Heller officially becoming a name partner at the law firm. We could not be more excited to move into this next chapter of our ...

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    • Company Violations in the Holiday Season

      When the holidays are in full force, it is not uncommon for businesses to get swamped with customers. No matter what product or service you offer, you can probably expect an influx of customer ...

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    • Boss Assumed That Gay Employee Must Have AIDS

      Boss Assumed That Gay Employee Must Have AIDS Supervisor drew pictures that mocked man’s supposed effeminate mannerisms Your boss seems uncomfortable that you’re in a same-sex marriage. He makes lewd ...

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    • Female Boss Didn't Want a Woman Doing So-Called Man's Work

      Female Boss Didn’t Want a Woman Doing So-Called Man’s Work Single mother of seven had stellar employment record before she was fired Is there such a thing as “men’s work” and “women’s work?” Believe ...

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    • Woman Awarded $806K After Employer Wouldn't Address Complaints

      Woman Awarded $806K After Employer Wouldn’t Address Complaints Firefighter says she dealt with years of harassing and discriminatory behavior Working in a traditionally male-dominated field can have ...

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    • Ford Hit With Sexual Harassment and Gender Discrimination Lawsuit

      Female workers at Ford Motor Co .'s Chicago plant have accused the company of turning a blind eye to "heinous" acts of gender discrimination, including catcalling, groping and requests for sexual ...

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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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    • THE GENETIC INFORMATION NON-DISCRIMINATION ACT AND SOCIAL NETWORKING SITES

      In 2008, the Genetic Information Nondiscrimination Act ("GINA") was passed, with the stated goal of "prohibit[ing] discrimination on the basis of genetic information with respect to health insurance ...

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    • Company Violations in the Holiday Season

      When the holidays are in full force, it is not uncommon for businesses to get swamped with customers. No matter what product or service you offer, you can probably expect an influx of customer ...

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    • Woman Sues Over Coworkers' Disruptive Porn-Viewing Habits

      Woman Sues Over Coworkers’ Disruptive Porn-Viewing Habits Company attempts to have case thrown out because woman was not directly harassed Let’s face it: After spending 40 hours a week or more with ...

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    • Can You Sue Your Boss for Being a Bully? What You Need to Know about Hostile Work Environments

      Can You Sue Your Boss for Being a Bully? What You Need to Know about Hostile Work Environments There may be legal protection from certain types of behavior You’d hope that treating people with respect ...

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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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    • Woman Fired for 'Flipping Off' the President; Was it Legal?

      Woman Fired for 'Flipping Off' the President; Was it Legal? Company claimed off-duty action violated code of conduct Can you be fired for your political views? What about your off-hours conduct? How ...

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    • Defend Trade Secrets Act & Whistleblower Protections

      When an employee learns that their employer or the higher-ups in the company have intentionally broken the law and violated regulations, they are encouraged to come forth and tell the government of ...

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    • Company Must Pay $150K Settlement After Chinese Workers Claim National Origin Discrimination

      Company Must Pay $150K Settlement After Chinese Workers Claim National Origin Discrimination Staffers claim they made $3 less per hour than white employees Imagine that you found out that most of your ...

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    • What is National Origin Discrimination?

      What is National Origin Discrimination? How it differs from race discrimination Do you know what national origin discrimination is? If you guessed that it’s similar to race discrimination, you’re ...

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    • What You Need to Know About National Origin Discrimination

      What You Need to Know About National Origin Discrimination EEOC issues new guidance on the topic You may already be familiar with the basic concepts surrounding racial discrimination. However, fewer ...

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    • What You Need to Know About Failure to Hire Lawsuits

      Finding a job can be a stressful and time consuming process. From making a new resume, conducting a job search or preparing for interviews, the last thing you want is to put in all that effort only to ...

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    • Women Claim They Were Told 'Don't Get Pregnant Or You're Fired'

      Women Claim They Were Told ‘Don’t Get Pregnant Or You’re Fired’ Employer must pay $110,000 settlement Sometimes pregnancy discrimination is subtle. For example, a woman may find that it’s harder to ...

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    • Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement

      Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement Women claim they were treated unfairly due to pregnancies "Aren't you ever going to quit having kids?" ...

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    • Navigating the Patchwork of Laws that Apply to Pregnancy

      Navigating the Patchwork of Laws that Apply to Pregnancy What women need to know about their rights in the workplace Many working women are in for a shock when they become pregnant for the first time. ...

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    • Woman Fired Over White Nationalist Views; Was It Legal?

      Woman Fired Over White Nationalist Views; Was It Legal? Employee spotted in video at “alt right” gathering Can you be fired for your personal views on race, even if you do not express those views at ...

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    • Black Staffer Fired After Refusing to Work with Man Who Used N-Word

      Black Staffer Fired After Refusing to Work with Man Who Used N-Word Woman says she was terminated for threatening to contact a lawyer Can an African American woman be lawfully terminated for refusing ...

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    • Have You Been Forced Off the Job? What You Need to Know about 'Constructive Discharge'

      Have You Been Forced Off the Job? What You Need to Know about ‘Constructive Discharge’ Why it’s important to seek legal counsel quickly Imagine this scenario: You believe that you’re being subjected ...

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    • Muslim Worker Fired After Announcing He'd Defend Himself Against Harassers

      Muslim Worker Fired After Announcing He’d Defend Himself Against Harassers Employer refused to take action on man’s complaint In the aftermath of last week’s election, racial tension is something ...

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    • Court Upholds Jehovah's Witness Religious Discrimination Claim against Employer

      When the duties of your job conflict with your religious beliefs, your employer cannot fire you as a result of your convictions, and has the affirmative duty under the law to adjust the job ...

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    • Volunteer Nuns Not Entitled to Protections of Title VII Regarding Religious Discrimination

      Are volunteers entitled to the protections of Title VII regarding religious discrimination, retaliation, and harassment? No, according to a recent Sixth Circuit case. The plaintiffs in the case were ...

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    • Fighting Employer Retaliation in the Wake of the #MeToo Movement

      When the Weinstein scandal exploded in 2017, actress Alyssa Milano famously encouraged social media users to spread the hashtag #MeToo in an effort to demonstrate just how many men and women ...

      Read More
    • Woman Says She Was Fired Because of Obligations to Her Autistic Child

      Woman Says She Was Fired Because of Obligations to Her Autistic Child Company misinformed staffer about her rights under the FMLA It’s sad but true: many companies take advantage of the fact that ...

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    • Male Employees Fired for Opposing Harassment of Female Coworkers

      Male Employees Fired for Opposing Harassment of Female Coworkers Company must pay $1.4 million to workers who complained One of the biggest reasons that people don’t speak up about unlawful activity ...

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    • Fighting Employer Retaliation in the Wake of the #MeToo Movement

      When the Weinstein scandal exploded in 2017, actress Alyssa Milano famously encouraged social media users to spread the hashtag #MeToo in an effort to demonstrate just how many men and women ...

      Read More
    • Sexual Harassment in the Workplace

      Harassment in the workplace 20 years after Faragher THOMSON REUTERS By Davida S. Perry, Esq., and Brian Heller, Esq., Schwartz Perry & Heller Sexual harassment continues to thrive in the workplace. In ...

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    • Is Flirting at the Office Unlawful?

      Is Flirting at the Office Unlawful? How to know if it’s harmless or if it’s harassment Your new coworker is outgoing, friendly, talkative … and apparently, a flirt. He unabashedly compliments you on ...

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    • Boss Assumed That Gay Employee Must Have AIDS

      Boss Assumed That Gay Employee Must Have AIDS Supervisor drew pictures that mocked man’s supposed effeminate mannerisms Your boss seems uncomfortable that you’re in a same-sex marriage. He makes lewd ...

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    • LGBTQ Rights at Work Just Got a Big Boost

      LGBTQ Rights at Work Just Got a Big Boost Federal appeals court issues major ruling on sexual-orientation discrimination There’s good news for lesbian, gay, bisexual, trans, and queer (LGBTQ) workers. ...

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    • Feds Reach First-Ever Settlement over Sexual Orientation Discrimination

      Feds Reach First-Ever Settlement over Sexual Orientation Discrimination EEOC sued company for discriminating against lesbian employee Mark down June 23, 2016, as a historic day for lesbian, gay, ...

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    • Report: Employers Stole More Than $2 Billion from Workers in Last Two Years

      Report: Employers Stole More Than $2 Billion from Workers in Last Two Years Low-wage workers are particularly at risk You read that headline right. Two billion. It’s a staggering number—and it’s the ...

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    • Is Your Employer Required to Give You a Break?

      Is Your Employer Required to Give You a Break? What the law says about meal and rest breaks Today is the first day of your new job! You’re excited to get started and clock in using your company’s time ...

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    • Believe It or Not: Employer Refused to Pay Workers for Restroom Breaks

      Believe It or Not: Employer Refused to Pay Workers for Restroom Breaks Company liable for back pay and damages after violating federal labor law Imagine looking at your pay stub and finding out that ...

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    • Defend Trade Secrets Act & Whistleblower Protections

      When an employee learns that their employer or the higher-ups in the company have intentionally broken the law and violated regulations, they are encouraged to come forth and tell the government of ...

      Read More