Martha J. Zackin

Martha J. Zackin

Mintz Levin

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Equal Pay Act: Male employee's strong negotiating skills not a "factor other than sex" to justify pay differential

The Equal Pay Act prohibits employers from paying a female employee less than a male employee for work that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions...more

6/18/2013 - Discrimination EPA Equal Pay Act Gender-Based Pay Discrimination Hiring & Firing Wages

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

4/25/2013 - Discrimination EEOC Hiring & Firing Retaliation Staffing Agencies

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

4/9/2013 - Hiring & Firing NLRA NLRB Retaliation Sexual Harassment Social Media Termination Twitter

OFCCP Issues Enforcement Guidance on Contractors' Use of Arrest and Conviction Records

On January 29, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs issued a Directive. pertaining to federal contractors’ use of arrest and conviction records in making employment decisions. This...more

2/7/2013 - Contractors Criminal Background Checks DOL Hiring & Firing OFCCP Subcontractors Veterans

Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the...more

1/4/2013 - Discrimination Hiring & Firing Melissa Nelson Nelson v Knight Sex Discrimination Termination

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