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Jury to decide if work environment was hostile

A woman who claimed she was repeatedly subjected to racial slurs by the minor son of a supervisor can move forward with her hostile work environment suit. The plaintiff in Chapman v. Oakland Living Center Inc., Tonya R. Chapman, alleges ...

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RIF’d employee can bring age-bias claim

The Massachusetts Appeals Court has ruled in a split decision that a terminated employee could bring a “cat’s paw” discrimination claim based on evidence that a corporate reduction in force was tainted by age bias at upper levels, even if ...

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Compliance with FLMA notice requirement disputed

In a case where a company argued that an employee’s Family and Medical Leave Act claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave” and he used Facebook ...

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Plaintiff can’t show COVID disability was reason for firing

Where an employee alleged that he was fired because his exposure to COVID-19 led his employer to regard him as having a disability, but his complaint did not show he was regarded as disabled, he has failed to state a ...

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Evidence of pretextual firing saves ADA claim

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

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HR considerations to help navigate fluctuating economic times

As inflation and other market indicators sound potential alarms bells on an economic downturn, employers could be navigating through an uptick in human resource challenges that they haven’t dealt with recently. When companies start to lay off workers, legal work ...

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Take note of one federal agency’s latest COVID-19 guidance

The U.S. Equal Employment Opportunity Commission’s latest guidance regarding COVID-19, as described in more detail below, “makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees ...

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Data security is next frontier as more employers embrace remote work

Two and a half years out from the wide-spread arrival of the COVID-19 pandemic in the United States, working from home has become much more of a choice for workers and jobseekers, rather than an emergency measure. According to the ...

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Federal appeals court nixes effort to recover union fees

The 8th U.S. Circuit Court of Appeals recently ruled that state employees who were not members of unions were not entitled to a return of “fair share” fees collected before a landmark 2018 U.S. Supreme Court ruling. In its 2018 ...

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Employee benefits and the end of ‘Roe v. Wade’

Earlier this summer the U.S. Supreme Court issued its expected ruling in Dobbs v. Jackson Women’s Health Organization, which overruled long-standing precedent and allowed individual states to regulate access to abortion services. At least twenty-six states immediately banned abortion or ...

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