If anyone had any doubts as to how harmful mandatory and binding arbitration is in employment cases, just watch this video. Not only does the arbitration deny the wronged employee's right to her day in court but it undermines the...
In a previous blog post, I commented on sexual harassment of young women in the workplace. It is a real and growing problem - confirmed by statistics kept by the EEOC. According to an EEOC representative, an "alarmingly high" number...
Under Title II of the Genetic Information Nondiscrimination Act (GINA), it is illegal to discriminate against employees or applicants because of genetic information. The law became effective on November 21, 2009. Title II of GINA prohibits the use of genetic information in...
The US Supreme Court handed down some bad news for plaintiffs in age discrimination cases brought under the federal Age Discrimination in Employment Act (ADEA). In a 5 to 4 decision, the Court held that a worker has to prove...
The U.S. Equal Employment Opportunity Commission (EEOC) will publish a proposed rule that would make several significant changes to the definition of the term "disability" under the Americans with Disabilities Act. The proposal would revise the EEOC's regulations to...
Can disabled workers be terminated after being away from work for more than the 12 weeks under the federal Family and Medical Leave Act (FMLA)? The answer is usually no. Often these workers have been informed by their company's HR department that if they...
The PDA amends Title VII to prohibit an employer from treating pregnancy, childbirth, or related medical conditions any differently than it treats other temporary disabilities for purposes of employment, including hiring, firing, promotion, seniority, leaves of absence, benefits, pay...
Every year hundreds of thousands of teen workers in the United States are subjected to unlawful sexual harassment. The teen employees are typically subjected to sexual harassment by their supervisors. They are subjected to harassment for numerous reasons including their...
The Third Circuit Court of Appeals has held that trial judges can increase a plaintiff's award to account for the increased taxes she would have to pay on a lump-sum back pay award. With the decision, the Third Circuit has...
On September 25, 2008, President Bush signed new legislation amending the landmark Americans with Disabilities Act (ADA) to take effect on January 1, 2009. The amendments broaden the meaning of disability and in turn expands the legal protection for disabled workers....
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