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Discrimination

The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…

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May an Employer Terminate a Disabled Employee for Excessive Absenteeism?

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…

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Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For Employers

Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals, with appellate jurisdiction over the district courts in the following districts: Middle District of Alabama. Northern District of Alabama. … Southern District of Georgia, held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the…

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Employers and Workers Disagree on Being ‘Too Old’ to Work

Aging-friendly workplaces take steps to promote inclusion of older employees Many employees plan to work past age 65, but will their employers help them to do so? In many cases perhaps not, as employers and workers don’t agree about how friendly the workplace is to older employees, according to a new study from the nonprofit Transamerica…

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Reasons Given for Termination Are Critically Important

Proper documentation is an important component of human resource management, an employer victory in a discrimination case shows. In circumstances involving termination, documentation can be of critical significance. Stating the reasons for a termination can, depending on the circumstances, play a pivotal role in the ultimate outcome of a lawsuit. In this case, the employee had…

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What Employee Speech Is Protected in the Workplace?

Employees don’t have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers’ speech in certain situations. The First Amendment guarantees citizens the protection of free speech from intrusion by the federal government, however it does not apply to private actors,…

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Woo-hoo! Normal HR policies are legal again, says NLRB General Counsel

Workplace rules are back, baby! Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. Mr. Robb has declared that nine standard employer policies will now be presumed lawful under the National Labor Relations Act. The Memorandum was based on the Board’s…

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Seasons 52 Settles $2.85M Hiring Discrimination Lawsuit

EEOC focusing on tough-to-prove age bias against older job seekers Recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation. But the settlement this month between the U.S. Equal Employment Opportunity Commission (EEOC) and the Seasons 52 restaurant chain indicates that the more…

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