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On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]
By Carolyn A. Wade Society’s standards (or lack thereof) regarding clothing and grooming have certainly changed over the last 50 years. Taking a trip on an airplane used to mean “dressing up” and wearing the kind of clothes you would wear to church ― a suit and tie or a dress and heels. Now people […]
Gender identity disorder is a medically recognized condition in which a person’s gender identity doesn’t match his genetic sex. In some cases, the recommended standard of care is counseling and sex reassignment therapy, which includes representing yourself as the gender corresponding to your identity, hormone replacement therapy, and, eventually, gender reassignment surgery. Although federal law […]
By Lauren M. Cooper A much-debated issue is whether you may lawfully require employees to speak only English in the workplace. The simple answer is yes. This article will address the circumstances in which you may legally enforce an English-only policy and the potential legal risks that follow. Status Quo Ante Employers increasingly ask employees […]
Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]
When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]
By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]
Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot […]
A federal trial court in Nevada apparently couldn’t believe that a woman’s sexual overtures to a male coworker would ever be unwelcome and rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to file a harassment suit on his behalf. But in a recent decision, the Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]
Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]