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Retaliation

Your Employee Filed An EEOC Charge. Now What?

Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…

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To Avoid EEOC Actions, Create Policies, Train in Advance

As topics like #MeToo and workplace bias receive continued attention, the importance of understanding how the Equal Employment Opportunity Commission (EEOC) works will only grow. For one thing, experts say, the EEOC’s procedures are complicated and evolving. For another, many companies work under misconceptions that could complicate an already messy situation should they ever be…

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Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…

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Heterosexual HR Manager Loses Discrimination Claim

A heterosexual HR manager fired after writing an angry Facebook post against Target’s policy of allowing transgender individuals to use restrooms according to gender identity could not state a discrimination or retaliation claim, the 5th U.S. Circuit Court of Appeals ruled. The plaintiff began working in the Louisiana office of Plant-N-Power Services Inc. (PNP) in…

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Employers Beware: Workplace Gossip about Sex May Risk Liability under Title VII

Sexually explicit rumors, affairs to influence promotion, jealous male coworkers, sexist remarks by a high-ranking manager, and ultimate retaliation and termination—an episode of Mad Men? The plot of a new show on Netflix? No. Real sexual harassment—at least according to Evangeline Parker, who filed a claim alleging discrimination under Title VII against her former employer,…

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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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