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Employment Law

Walking the GINA/COVID tightrope: EEOC settlement highlights issues

A recent EEOC settlement demonstrates the GINA/COVID tightrope employers must walk when it comes to complying with the requirements of the Genetic Information Nondiscrimination Act (GINA) and doing all it can to keep COVID-19 out of the workplace. Earlier this…

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New settlement shows fine line

Court blocks policy banning BLM masks: 4 things you need to know

Another lawsuit involving Black Lives Matter (BLM) face masks has reached a federal appeals court. This time, the Third Circuit sided with employees – and blocked the enforcement of a policy that prohibited employees from wearing face masks that feature…

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When You Can - And Can't - Ban BLM Masks

Why ‘the disability made me do it’ defense didn’t fly here

Employees might have health conditions that meet the definition of “disability” under federal law – but that doesn’t mean a court’s going to buy it if they say "the disability made me do it" when they break the rules. And…

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Rules Violations Justified Discipline

EEOC’s suing Hobby Lobby for ADA discrimination

Hobby Lobby is in hot water! The world’s largest privately owned arts-and-crafts retailer is being sued by the Equal Employment Opportunity Commission (EEOC) for violating the Americans with Disabilities Act (ADA). A cashier at Hobby Lobby’s Olathe, KS, store has…

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Employee Denied Reasonable Accommodations

Discipline for BLM masks: Court OKs dress code call for 2 reasons

The First Circuit affirmed a ruling that dismissed Title VII discrimination claims brought by employees who were disciplined for wearing face masks featuring the Black Lives Matter (BLM) slogan at work. When the COVID-19 pandemic hit in March 2020, Whole…

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BLM Attire At Work

Ouch! How this whistleblower claim led to a $735K award

A professor who was not reappointed after he raised concerns relating to labor practices proved his whistleblower claim and is entitled to more than $735,000 in damages, a state court in Connecticut has ruled. After earning his Ph.D in marketing…

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Suit Alleges Unlawful Treatment

SHRM pays $221K to settle disability discrimination lawsuit

Who was involved: The Society for Human Resource Management (SHRM) and three HR professionals who are hearing impaired. What happened: The HR professionals are members of SHRM. They alleged the organization violated Title III of the Americans with Disabilities Act…

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Discrimination claims: Fired worker says 2 things prove bias

West Virginia’s highest court remanded age and sex discrimination claims filed by an employee who lost her job. Diane Judy started working as a commercial driver’s license (CDL) instructor for a college in 2018. That December, she expressed concerns about…

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Why Court Says Discrimination Claims Must Proceed

Employers beware: Title VII anti-retaliation provision goes this far

In an important new ruling, a federal appeals court ruled that Title VII’s anti-retaliation provision applies to an HR manager’s claim that her employer fired her because she provided testimony against a prior employer in a pregnancy discrimination lawsuit. Broadly…

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Ban On Retaliation Is Broad Court Warns

Reverse discrimination: 1 office detail sways new court ruling

A federal magistrate judge recommended denying a Colorado university’s motion to dismiss a Title VII reverse discrimination claim filed by a male applicant. In 2018, Christian Sparks applied for a position as a Civil Rights Investigator with the Office of…

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How Applicant Stated Valid Reverse Discrimination Claim

Shot wars rage on: Fired doc sues over vaccine mandate

A doctor who lost his job after he refused to comply with his employer’s vaccine mandate was unable to persuade a federal appeals court to order his reinstatement. Dr. Paul Halczenko worked at St. Vincent Hospital, which adopted a COVID-19…

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He Wants Immediate Reinstatement

Out-of-state employees: An HR nightmare

The world is becoming increasingly more flexible about where employees work. And during the Great Resignation, this is a boon for employers because they can hire the best talent regardless of where they’re located in the U.S. But while this…

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What State-specific Requirements Do You Need To Follow

Pay discrimination? 2 key reasons court rejects employee’s lawsuit

A veteran employee filed Title VII race and pay discrimination claims after he noticed a newer colleague quickly climbing the ranks and earning substantial raises. In 2010, Paul Palmer Jr. II, who is Black, was hired as a lecturer in…

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It Wasn't Pay Discrimination Court Finds

Union dues collection did not violate employee’s rights: Here’s why

In 2018, the U.S. Supreme Court decided a huge case about union dues with its ruling in Janus v. AFSCME, Council 31, 138 S.Ct. 2448 (U.S. 2018).  The high court held there that unions cannot mandate deductions from the paychecks…

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Appeals Court Rejects Argument

Employee opposes rainbow flag, gets fired: Was it discrimination?

An employee sued for religious discrimination after he was fired for posting a comment on the company's intranet about its rainbow flag display in observance of Pride Month. Here's what happened: The longtime employee, Daniel Snyder, was filling out the…

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Did Termination Cross A Line

Emerging trend: Bereavement leave covers reproductive losses

A new twist on bereavement leave has been gaining steam – and companies in Illinois will soon be required to provide it under state law. Gov. J.B. Pritzker recently signed the Family Bereavement Leave Act, which expands the definition of…

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