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A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information also prohibit retaliation against individuals who oppose discrimination or participate in an employment discrimination […]
The message is clear: Employers cannot treat breastfeeding mothers differently in the workplace.
Nondisclosure agreements (NDAs)–once routine and little thought about–have come under a bright spotlight in recent months. First, it was the #MeToo movement and protests by sexual harassment victims that NDAs perpetuate harassment by keeping bad, even criminal, behavior secret. Then more questions came to light with the release of Omarosa Manigault Newman’s tell-all book about […]
We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. Read on to see how the court responded to that novel approach.
by Susan Hartmus Hiser After the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from an employee, it begins gathering information about the allegations of discriminatory treatment. That process includes asking the employer to provide relevant documents. Additionally, the agency typically will ask the employer to submit a position statement setting out its response […]
by Mark M. Schorr As of March 28, 2012, a new protected category has been created under the Omaha Municipal Ordinance enforced by Omaha’s Human Rights and Relations Department. Omaha residents who are lesbian, gay, bisexual, and transgender are now protected from discrimination in the same way that sex, race, national origin, age, marital status, […]
Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]