Tag: discrimination

recruiting

Ironclad Employment Documentation: A Q&A with Susan Fentin

You fire an employee for poor performance. He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit? 

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Equal Pay Requirements Under the FLSA

In this new article series, we will provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements.  In this article, we will review The Equal Pay Act (EPA), which amended the minimum wage provisions of the FLSA and is subject to enforcement under the FLSA.

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FLSA Recordkeeping Requirements and the Lilly Ledbetter Fair Pay Act

In this new article series, we will provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements.  In this article, we will review employers’ recordkeeping obligations under the law and how employer practices were impacted by the Lilly Ledbetter Fair Pay Act of 2009.

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What are ‘Ban the Box’ Laws?

“Ban the box” refers to the initiatives, which have gained widespread traction, by which laws are put into place that prohibit employers from asking questions of applicants regarding previous criminal history (and discriminating against them on the basis of their answer) too early in the hiring and recruiting process. These types of initiatives have been […]

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Michigan

Job Description Can’t Do the Heavy Lifting in Determining Employee’s Essential Functions

The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]

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California

FMLA: California Employer Put Up with Performance, Attendance Issues Long Enough

Recently, a California employee sued her employer, claiming, among other things, that it discriminated against her because of her disability and failed to engage in the interactive process with her. The trial court dismissed her claims, and she appealed. This case exemplifies how an employer’s patience in providing reasonable accommodations pays off.

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