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Do Employees Have to Prove They Suffered An Adverse Action to Sue for...

Employees suing for discrimination have to prove that they suffered an adverse employment action, right? Maybe not, according to the Sixth Circuit Court of Appeals’ decision in Litton v. Talawanda...

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Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs...

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas...

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OSHA to Introduce Online Whistleblower Complaint Form

The process of filing whistleblower complaints is about to get a lot easier. On July 26, 2013, the Office of Information and Regulatory Affairs, which is one of the offices within the White House’s...

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How to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age...

Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to...

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Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse...

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EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues

Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update...

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BREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill

On Saturday, August 30, 2014, in the early morning hours and amid controversy among labor supporters, the California legislature passed a bill that provides workers with three paid sick days per year....

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Fifth Circuit Finds Restriction of Job Responsibilities May Constitute...

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her]...

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Oregon Legalizes Recreational Marijuana Use

On November 4, 2014, Oregon voters approved a ballot measure to legalize recreational marijuana use. The new Oregon law, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp...

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‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal...

During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these...

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‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers

It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal...

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