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Employment Law

Seventh Circuit rejects reverse discrimination claim: Why white employee’s claim fails

The Seventh Circuit affirmed the dismissal of a white employee’s reverse discrimination claim. William Groves is a white athletic director who worked at the district for years. In 2017, he applied to serve as Corporation Director of Athletics. The superintendent,…

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Employer Provides Valid Reason To Defeat Reverse Discrimination Claim

Biden signs Speak Out Act: What it means for employers

UPDATE: As expected, President Biden has signed the Speak Out Act into law, ushering in a new era of protection for victims of sexual misconduct who are subject to nondisclosure and/or non-disparagement agreements in connection with their employment. The new…

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Separation agreement holds up in court: 5 things Spotify got right

Terminations can be tricky – especially when an employee has recently been out on medical leave. Case in point: A company fired an employee four days after she returned to work from a medical leave due to a head injury…

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Elements Of A Legally Binding Separation Agreement

Walmart employee files $50M suit after deadly shooting

An employee who survived the recent mass shooting at a Virginia Walmart has filed a negligence lawsuit against the company. Donya Prioleau has been employed as a Walmart associate since May 2021. She worked the overnight shift and was responsible…

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Suit Claims Walmart Was Negligent

Recovering pilot objects to AA meetings on religious grounds: Lawsuit follows

Requests for accommodation on religious grounds can come up in some unusual ways. Exhibit A: In a recent case, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of a Buddhist airline pilot who balked at his employer’s…

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Employer To Pay $305K

Job accommodation: New ruling sheds light on scope of employer duty

It’s been a nagging and frustrating question for employers for decades now: When it comes to providing reasonable accommodation for employees with disabilities, exactly how far do I have to go? Savvy employers are well aware of the concept of…

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New Ruling Helps Employers

This noncompete agreement might be OK: Here’s why

Idaho’s highest court negated a lower court ruling that said a doctor’s noncompete agreement could not be enforced. The case was sent back to the lower court for further proceedings. Dr. Donald Blaskiewicz, who is a highly trained neurosurgeon, was…

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documentation

Is that physical ability test legit? Keys to getting it right

A federal appeals court has revived claims of sex and age discrimination filed by a psychiatrist who lost her job because she could not pass a physical ability test. The plaintiff in the case is Jane DiCocco, who was 67…

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Physical Ability Tests Present Dangers

#MeToo turns 5: What modern sexual harassment training looks like today

As #MeToo turns five, it's clear that the movement has generated an increased awareness about sexual harassment and assault. And as countless numbers of people shared their stories, one thing became all-too-clear: a lot of that harassment happened at work.…

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Sexual Harassment Prevention Keys To Effective EmployeeT raining

FedEx gets hit with $366 million verdict in race retaliation suit

A Texas jury has returned a verdict of more than $366 million to a former FedEx employee who said the package delivery giant engaged in retaliation because she complained about alleged racial discrimination. The award, which may be negated or…

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Jury Finds For Ex-Employee

Heads up: The feds are watching you watching your employees

How closely are you watching your employees? If it’s too closely, the feds may be watching you – and may soon be taking more aggressive action to stop it. The National Labor Relations Board (NLRB) just issued a memo announcing…

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Tech Tools Pose Dangers

HR’s new role in identifying manufactured conflict

Manufactured conflict – a new form of workplace bullying – within organizations is on the rise, scorching your culture and best performers in its path. The Healthy Workplace Bill (HWB) proposed legislation could significantly increase the risk to your organization,…

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Signs Of Manufactured Conflict

Labor law poster gets replaced: What you need to know

The federal Equal Employment Opportunity Commission (EEOC) has released a new notice-of-rights labor law poster for employers to display at their worksites. Under Title VII and other federal laws, covered employers must conspicuously post notices for employees that inform them…

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Federal agency updates poster

2 workers fired for hosting Christmas party: Was it religious discrimination?

Another holiday season is right around the corner, which means this employer-friendly ruling from the Sixth Circuit provides timely guidance -- just in time for Christmas, Hanukkah and other religious celebrations. The court upheld the terminations of two employees who…

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Did Company's Response To Christmas Party Go Too Far?

Alcohol and cocaine use – and he still gets workers’ comp?

In what has to be a frustrating decision for all employers, Alaska’s highest court ruled that a carpenter who admitted to using both alcohol and cocaine before getting hurt on the job was nonetheless entitled to workers’ comp benefits. The…

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State High Court Awards Benefits

How NOT to respond to sexual harassment complaints: $700K mistake

Lowe’s, a nationwide hardware and home improvement company, has agreed to pay $700,000 to resolve a sexual harassment complaint brought by the Equal Employment Opportunity Commission (EEOC) on behalf of three female employees. According to the EEOC’s complaint, Lowe’s “allowed…

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