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Employment Law

‘Clean Slate’ laws are taking hold: Colorado joins list

Colorado has joined a growing list of states that have passed what are known as “Clean Slate” laws, lending momentum to a trend that is likely to see additional states follow suit -- perhaps in the near future. Gov. Jared…

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Trend Is Gaining Momentum

New EEOC suit: Denial of lateral transfer was age bias

Unlawful age bias takes many forms. More typically and obviously, age bias claims are triggered by obviously adverse job actions, like a termination or demotion. But not always. In fact, even what some may view as a seemingly benign job…

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She Wanted To Be Closer To Home

Good news: Clarification on multi-employer worksites

Employment law can get murky, especially when you’re talking about the multi-employer worksite doctrine. While this doctrine doesn’t apply to every employer it does apply to those in construction, manufacturing and other industries. So, it’s best to stay on top…

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Knowledge Of Laws Equals Protection

New ruling shows limits of religious accommodation duty

A new decision from a federal appeals court demonstrates the limits on the duty of employers to extend religious accommodation to employees under Title VII. The U.S. Court of Appeals for the Third Circuit ruled that the postal service was…

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Key Term Undue Hardship

Company sued for disability discrimination after refusing to hire someone taking Adderall

Many companies conduct drug screenings on prospective employees before hiring them, and typically, refusing to hire them for a positive test result is allowed. However, in a recent lawsuit filed by the EEOC, a company is in legal hot water…

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Employer Had No Safety Concerns

NLRB sues Starbucks over employee handbook policies

Heads up, employers. The National Labor Relations Board (NLRB) is suing coffee giant Starbucks over many of its employee handbook policies, alleging the company has "overly-broad and discriminatory rules." And you'll want to make sure you don't have any of…

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Policies Interfered With Rights To Unionize

Suit: Employer fired worker for complaining about porn at work

How much porn is OK to watch at work? We hope your policy is zero.  And as the following suit shows, the reasons for taking that policy seriously don’t just include cutting down on distractions and keeping the focus on…

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Lawsuit Alleges Sex Bias Retaliation

Was company’s response to racial harassment ‘good enough’? Court weighs in

Every good employer knows that when an employee complains of racial harassment, it has the responsibility to investigate the claims and put a stop to the behavior. But how thorough does the investigation have to be? How quickly does it…

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Employer Reacted Swiftly To Complaint

Employee says she was included in layoff because she has diabetes

A federal appeals court revived a former employee’s claim that her employer violated the ADA. She said it laid her off because she has diabetes. In late March of 2018, Apache Industrial Services, Inc. hired Arlicia Gosby to work as…

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Appeals Court Reviews Finding For Employer

Not-so-happy birthday: Employer pays $450K after surprise party mishap

A recent court decision teaches employers a strange (but important) lesson: Don't throw an employee a birthday party if they don't want one. One company did this -- and ended up paying the employee $450,000. Here's what happened. 'Somber' reaction…

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Not-So-Happy Birthday Employer Pays $450K After Surprise Party

Transgender employee wins big jury verdict: Here’s why

A transgender employee of the Iowa Department of Corrections recovered a six-figure jury verdict. He claimed his employer violated state law by denying him health insurance benefits and access to certain facilities at work. In 2009, Iowa’s Department of Corrections…

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Is employer responsible for keeping remote worker’s home safe? CA court weighs in

It's always been an employer's duty to keep the workplace safe for employees. But ever since the pandemic and remote work, the line between home and the workplace has blurred. This has resulted in many employers wondering if they'd be…

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companies cannot control what goes on in private homes

DOJ guidance on opioid use disorder and ADA

The amount of people struggling with opioid addictions continues to grow in the U.S. at an alarming rate. And the Department of Justice (DOJ) is ready to do battle with its comprehensive action plan that includes enforcing the Americans with…

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what employers need to know

Activision Blizzard settles sexual harassment lawsuit for $18M

Video game giant Activision Blizzard agreed to a multi-million dollar payout and consent decree in order to settle the EEOC's sexual harassment lawsuit, which was filed last September. The company came under fire last year when employees alleged rampant sexual…

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Company Also Agreed To Lengthy Consent Decree

Employees butt heads: Did boss make the right move?

If two co-workers have a major problem getting along at work, you have to do something.  If they can’t iron out their differences, and you want both to stay, you need to find a way to make it work. The…

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employer was worried about safety

Can emojis be sexual harassment? Courts say maybe

In the widespread remote work era, employees are communicating digitally more often than in person. And while tools like Slack can be incredibly useful to help workers collaborate remotely, it also comes with a heightened risk of something employers may…

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