If your employer accommodates employees who have limitations similar to those caused by your pregnancy, your employer should accommodate you. This is the result of a recent U.S. Supreme Court decision, illustrated by another discrimination case from Kentucky that recently settled. Lyndi J. Trischler switched from her duties on the beat as a police officer […]
Does My Employer Have to Accommodate My Pregnancy? Read More »
January 26, 2017 Common National Origin Discimination Myths Myth: Conducting an investigation when allegations of a hostile work environment are made will insulate the company from liability. Fact: Claims still may be brought despite investigations, noted Tom Spiggle, founder of The Spiggle Law Firm in Arlington, Va., Nashville, Tenn., and Washington, D.C., though investigations may as a
The Society for Human Resources Management: 7 Myths About National Origin Discrimination Read More »
The National Labor Relations Act (NLRA) covers most employers whose workforce is unionized or whose employees are organizing a union, but it also applies in situations where neither is the case. The NLRA is enforced by the federal National Labor Relations Board (NLRB), which may get involved if employees, formally unionized or not, take part
Does the National Labor Relations Act Apply If My Employer Is Not Unionized? Read More »
January 24, 2017 Paid family leave was one of the few policy areas where Donald Trump and Hillary Clinton agreed during the campaign, so there’s a good chance that Congress will consider paid family leave proposals under President Trump. Here are seven questions everyone should be asking. How much — and what kind of — paid leave is provided? Under the Family Medical
Non-compete agreements are regulated by state laws, which can vary from jurisdiction to jurisdiction. Whether a particular contract is enforceable also depends on the language of the agreement and the facts surrounding how the parties reached that agreement. In many business sales and mergers, the assets of the company, including employees and their contracts, are
My Employer Was Bought. Can the New Owner Enforce My Non-Compete Agreement? Read More »
Whether you can be fired for behavior that was caused by your disability depends on the circumstances. If you act out in a way that’s sufficiently disruptive, or if you threaten yourself or others, your employer could discipline you (up to and including termination), even if a disability is ultimately to blame. Disability discrimination law
Can I Be Fired for Behavior Caused by My Disability? Read More »
A non-compete agreement is a contract that an employee signs with an employer that states that the employee will not compete with the employer when he or she leaves the business for a given period within a specific geographic area. Though these agreements originally were meant for high-ranking executives and managers, they have been used
Can an Employer Ask a Low-Wage Worker to Sign a Non-Compete Agreement? Read More »
January 13, 2017 When President Barack Obama exits the Oval Office for the last time, he will leave behind a pro-employee legacy that includes greater workplace inclusion and notable progress in fighting wage discrimination, but his administration didn’t accomplish all of its goals. Because many of Obama’s signature workplace initiatives, including enhanced overtime protections for
Law 360: Obama’s Biggest Employment Policy Hits And Misses Read More »
Employers, especially those whose employees are exposed to dangerous situations or toxic chemicals, may fear being sued if workplace conditions result in birth defects, premature birth, or miscarriage of a fetus carried by a pregnant employee. These employers, if they act on those fears, also risk being sued for pregnancy discrimination. That is the case
Can an Employer Fire a Pregnant Employee Due to Concerns About Fetal Health? Read More »
If an employer receives a complaint of sexual harassment or has reason to suspect that harassment is occurring, that employer should investigate, in good faith, whether harassment is actually going on. Strictly speaking, no statute requires that sexual harassment in the workplace be investigated, but depending on the circumstances, a good-faith investigation may result in a
Should My Employer Investigate My Sexual Harassment Complaint? Read More »
