Discrimination Laws

Issues in Employment Law:

These following case summaries are a brief overview of recent employment law court decisions affecting employees' rights.

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A | B | C | D | E | F | G | H | I | J | K | L | M
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A

Accomodation

• Employer must seek to make accommodation, even if employee doesn't ask for one. 04/01

Americans with Disabilities Act

• Disability and Record of Disability Made Harder to Prove. 02/01

• EEOC Guidance provides rules for ADA liability of Temp Agencies. 03/01

• Employer must seek to make accommodation, even if employee doesn't ask for one. 04/01

• Employers may not refuse to hire employee to job that may harm him. 04/01

• Employers need not create jobs or displace others to accommodate disabled worker. 04/01

Arbitration

• Cost and Fee Sharing in Arbitration Clauses. 02/01

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B

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C

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D

Disability

• Disability and Record of Disability Made Harder to Prove. 02/01

Discrimination

• Employers cannot stray from its established policies. 04/01

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E

EEOC Regulations

• EEOC Guidance provides rules for ADA liability of Temp Agencies. 03/01

• New EEOC Regulations may invalidate right-to-sue waivers in severance packages. 03/01

Employee Manuals

• Under Some Circumstance Employers not Bound by Employee Manual. 02/01

Employer Policies

• Employers cannot stray from its established policies. 04/01

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F

Failure to Promote

• Formal Promotion Procedures Can Defend Failure to Promote Claims. 02/01

Family and Medical Leave Act

• Proximity in Time Suggests Causal Link Between FMLA and Other Employment Protections and Adverse Action. 02/01

"Faragher/Ellerth" defense

• Employers must have clear anti-discrimination policy and demonstrate that employee failed to use it to defend a hostile work environment claim. 03/01

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G

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H

Hiring Criteria

• Subjective Hiring criteria creates question of fact. 03/01

Hostile Work Environment

• Employee's remarks evidence of discrimination. 03/01

• Biases of some coworkers evidence of discrimination. 03/01

• Employers must have clear anti-discrimination policy and demonstrate that employee failed to use it to defend a hostile work environment claim. 03/01

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I

Injury

• Employers should report every workplace injury. 04/01

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J

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K

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L

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M

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N

Non-Compete Agreement

• terminating employee for refusing to sign a non-compete agreement may violate public policy. 04/01

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O

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P

Pension Plans

• Pension plans that have mandatory arbitration clauses cannot have fee-splitting provisions or they will be found to violate ERISA. 04/03

Personnel Files

• Records of internal investigation must be disclosed to employee. 03/01

Pregnancy

• Changing work conditions for preganant employee may bring sex discrimination claim. 04/01

Profit Sharing

• In certain situations, partners in a firm may be deemed "employers" in terms of sharing profits, yet "employees" for purposes of federal anti-discrimination law. 04/03

Proximity in Time

• Proximity In Time Suggests Causal Link Between FMLA and Other Employment Protections and Adverse Action. 02/01

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R

Racial Discrimination

• African-American employee can be racial discriminated against by African-American supervisor. 03/01

Right-to-sue Waivers

• New EEOC Regulations may invalidate right-to-sue waivers in severance packages. 03/01

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S

Severance Packages

• New EEOC Regulations may invalidate right-to-sue waivers in severance packages. 03/01

Sex Discrimination

• Changing work conditions for pregnant employee may bring sex discrimination claim. 04/01

• Employee need not use words "sexual harassment" to trigger employers obligations to investigate. 04/01

Sex Harassment

• Employee need not use words "sexual harassment" to trigger employers obligations to investigate. 04/01

Stray Remarks Doctrine

• Employee's remarks evidence of discrimination. 03/01

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T

Temporary Placement Agencies

• EEOC Guidance provides rules for ADA liability of Temp Agencies. 03/01

Title VII

• African-American employee can be racial discriminated against by African-American supervisor. 03/01

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U

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V

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W

Workers' Compensation

• Employers should report every workplace injury. 04/01

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X

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Y

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Z

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