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Employee can’t show firing was because of her gender

Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more

Electronic management tools targeted as potentially illegal workplace surveillance

The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target.  Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more

Can an employer terminate an employee for conduct caused by a disability?

Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more

Tenth Circuit refuses to second-guess employer’s judgment in ADA accommodation case

The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more

Employees age 65+ cannot be barred from returning to work, says EEOC

Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, businesses may have thought the issue was clear: employees in at-risk categories should remain...more

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

NLRB memo offers clarity, good news for employer-issued policies

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

New meaning to the Equal Pay Act’s promise of pay equity

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more

Digital discrimination: Targeted ads don’t reach all potential applicants

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more

Seventh Circuit case demonstrates value of good time reporting procedures

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Gavel to Gavel: Training key to compliance

The employment laws with which businesses must comply continue to grow in complexity and number. Within the last few months alone, federal agencies have been busy releasing new guidelines affecting a myriad of workplace...more

NLRB ruling on ‘ambush’ elections poses real threat to non-unionized workplaces

The National Labor Relations Board recently issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the...more

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