» discrimination
Converging efforts to shut down the corporate shell game
September 1st, 2015
As the economy has become more globalized and volatile, a growing number of companies have sought to minimize liabilities while maximizing profits by using the corporate form to create supposed separation between closely related entities. This “sep…
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Religious protections expand in the workplace
June 8th, 2015
In a closely watched employment law and civil rights case, the Supreme Court emphatically rejected the common employer argument that employees have no right to a religious accommodation in the workplace unless they explicitly ask for one. Justice Ant…
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Categories: Blog
The rights of pregnant employees receive a boost
April 10th, 2015
The Supreme Court recently ruled that pregnant workers cannot be treated less favorably than non-pregnant workers simply because it is inconvenient or costly to accommodate pregnancy. In Young v. United Parcel Service, the plaintiff employee had medi…
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Categories: Blog
Vital victories for employees, but corporate power persists
August 14th, 2014
In recent years, the National Labor Relations Board (“NLRB”) has rendered a number of courageous decisions that promote workplace fairness for both union and non-union employees. For example, the NLRB ruled that employers cannot retaliate against…
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Categories: Blog
Escalating legal action against domestic surveillance
July 14th, 2014
The ongoing revelations about spying on United States citizens here at home as well as on the nation’s key allies abroad have caused a political uproar that has triggered, for example, the abrupt expulsion of the Central Intelligence Agency(“CIA�…
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Categories: Blog
Supreme Court continues trend of ruling for employees in retaliation cases
March 10th, 2014
The Supreme Court just decided a landmark case, Lawson v. FMR, concerning whether the law protecting employees of public companies also protects employees of private corporations. The law at issue is the Sarbanes-Oxley Act, which Congress enacted in…
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Categories: Blog
Pursuit of medical leave claims may become more difficult
February 23rd, 2014
When the Supreme Court decided Ashcroft v. Iqbal, 556 U.S. 662 (2009), lawyers representing employers and other defendants declared that Federal Rule of Civil Procedure 8 had essentially been nullified. According to these employment and civil rights…
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Categories: Blog
Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
Walmart feeling the heat as winter approaches
November 27th, 2013
This is typically the season to be merry for big box retailers like Walmart, which reap enormous profits at the end of each year. The world’s largest retailer, however, now faces a number of problems related to how it treats its employees. Only day…
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Categories: Blog
What is discrimination?
November 11th, 2013
The law defines illegal discrimination as treating someone less favorably – regarding wages, employee benefits, or other terms of employment – because of a protected status, such as race, sex, age, disability, religion, and national origin. The s…
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Categories: Blog