When a statute does not spell out a framework for a plaintiff’s case, judges will assemble one. For plaintiffs suing under the Americans With Disabilities Act, the appropriate framework can vary, depending on which court you are in across the country, because the statute does not specify how plaintiffs should go about establishing a discrimination […]
How Can I Support My Disability Case? Read More »
Your boss and fellow employees cannot treat you so poorly that it would change the terms and conditions of your employment or that it would result in a reasonable employee quitting his or her job. However, they are under no legal requirement to be nice to you. A federal judge in Pennsylvania recently ruled just
Do My Co-Workers Need to Be Nice to Me After a Medical Leave? Read More »
There are legal protections for transgender employees. The main federal law banning employment discrimination, Title VII, has been interpreted as prohibiting employers from discriminating against transgender workers (though the statute does not have explicit language stating that). Maryland and District of Columbia law also protect transgender employees (prohibiting discrimination based on gender identity and expression),
Can Transgender Employees Be Discriminated Against? Read More »
Depending on the facts of the case and the applicable law, a sexual orientation case can be successful for employees. An example is one of the first lawsuits the Equal Employment Opportunity Commission (EEOC) filed claiming that an ex-employee suffered sex discrimination due to her sexual orientation as well as retaliation for reporting the discrimination.
Can a Case Claiming Sexual Orientation Discrimination Be Successful? Read More »
Litigation is like a boxing match. Both fighters are expected to punch as hard and as quickly as they can while trying to avoid blows from the other. But there are rules in boxing. As hard fought and as brutal as boxing can be, if a fighter breaks enough rules, the other boxer will be
What Can Happen If a Defendant Withholds Evidence? Read More »
The legal rights of the LGBTQ community have expanded over the years, most notably in the realm of marriage equality. Those expanded rights have not extended to federal laws covering employment rights, though other legal protections may provide some help. Equal employment laws ban employment discrimination based on sexual orientation in 26 states including Maryland
Are LGBTQ Employees Protected From Discrimination Under Title VII? Read More »
Do you suffer from feelings of stress, anxiety, or depression? Does it affect your professional life? If the answer to both questions is yes, you’re not alone. Not only are you not alone, but you’re in the majority. According to the Anxiety Disorders Association of America 2006 Stress & Anxiety Disorders Survey, 56% of respondents
Mental Health Issues at Work and the ADA Read More »
In June, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor issued a final rule revising prohibitions against sex discrimination (including pregnancy discrimination and sexual harassment) in guidelines for federal contractors. Though the law has dramatically developed over the years, these guidelines have largely remained unchanged since 1970 when Richard
Pregnant Federal Contractor Employees Protected Under New Rules Read More »
If you are not getting paid at least minimum wage, being paid on time, getting paid the overtime you deserve, or getting rest breaks you are entitled to, your employer may be violating state and federal laws. In most cases, your options are to file a complaint with the appropriate government agency or file a
Why Are Restaurants Sued So Often for Breaking Wage and Hour Laws? Read More »
September 1, 2016 Zika is in the news, the mosquito-borne illness that is linked to birth defects in children born to infected women, and so is this week’s missive from employment attorney Tom Spiggle of Spiggle Law Firm. “Employers are in a tough spot when dealing with the Zika virus and pregnant workers,” he writes.
Zika Virus Could Bite Employers, Too, Attorney Says Read More »
