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Employment Law

Yes, same employee can file several EPA suits

11/07/2019
Can an employee keep coming back to court with a new comparator? The answer appears to be a qualified “yes” as long as the new co-worker comparator arrived on the scene after the earlier lawsuit began.

EEOC: Assisted living facility in McKinney, Texas violated ADA

11/07/2019
Enlivant, an nationwide provider of assisted-living residences, faces an EEOC lawsuit alleging the company illegally terminated a chef who worked at its North Brook Place facility in McKinney, Texas.

Employee acts as attorney? Prepare for a long haul

11/07/2019
Plenty of employees who want to sue their employers can’t find an attorney willing to represent them. Then they decide to act as their own lawyers. Courts dread these cases, but they often grant great leeway to pro se plaintiffs, who usually aren’t familiar with even basic legal processes.

Jury’s $20 million message on anti-gay bias

11/07/2019
A Missouri jury has just delivered an unmistakable lesson to organizational leaders everywhere: Open displays of homophobic bigotry aren’t just wrong; they have real-world consequences.

Poor health doesn’t excuse poor performance

11/04/2019
Employees with a serious health condition are entitled to FMLA leave. That doesn’t mean poor health is an excuse for poor work.

Harassment victim told to put on your ‘big girl panties’

11/01/2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.

California sexual harassment prevention training deadline extended

10/31/2019
Employers now have until Jan. 1, 2021, to comply with the sexual harassment training requirements.

Reverse discrimination carries a hefty price tag, too

10/31/2019
Employers can’t prefer one protected class of worker over another in hiring, even if the preferred class has historically been discriminated against. Such so-called reverse discrimination cases can net big penalties for employers.

ADA requires accommodating disabled customers, too

10/31/2019
Don’t ignore public access requests—or worse yet, lawsuits over accessibility. That may lead to a so-called default judgment.

Train supervisors: They must be prepared to accommodate religious attire

10/31/2019
It’s crucial for supervisors to understand that employees have the right wear religious attire at work. Making comments about that attire or refusing to modify dress codes may trigger a religious discrimination lawsuit.