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Employment Law

Federal contractor? You’re subject to False Claims Act

The False Claims Act prohibits federal contractors from firing whistleblowers who report employer wrongdoing.

Best defense: Consistent rules universally enforced

When an applicant or employee launches a lawsuit, courts naturally end up scrutinizing your organization and its processes. The best defense: Have consistent rules that you universally apply to everyone.

Understand interplay between FMLA, ADA when employee must care for family member

Employees may have the right to take time off to care for a disabled family member under the FMLA, but the same isn’t true under the ADA for a request for reasonable accommodations of time off to care for the same family member.

Ensure policy spells out exactly how employees should report allegations of sexual harassment

You will probably survive a harassment lawsuit if you trained all employees how to use the policy and followed up with discipline whenever an investigation uncovered harassment.

Yes, same employee can file several EPA suits

Can an employee keep coming back to court with a new comparator? The answer appears to be a qualified “yes” as long as the new co-worker comparator arrived on the scene after the earlier lawsuit began.

EEOC: Assisted living facility in McKinney, Texas violated ADA

Enlivant, an nationwide provider of assisted-living residences, faces an EEOC lawsuit alleging the company illegally terminated a chef who worked at its North Brook Place facility in McKinney, Texas.

Employee acts as attorney? Prepare for a long haul

Plenty of employees who want to sue their employers can’t find an attorney willing to represent them. Then they decide to act as their own lawyers. Courts dread these cases, but they often grant great leeway to pro se plaintiffs, who usually aren’t familiar with even basic legal processes.

Jury’s $20 million message on anti-gay bias

A Missouri jury has just delivered an unmistakable lesson to organizational leaders everywhere: Open displays of homophobic bigotry aren’t just wrong; they have real-world consequences.

California sexual harassment prevention training deadline extended

Employers now have until Jan. 1, 2021, to comply with the sexual harassment training requirements.

Reverse discrimination carries a hefty price tag, too

Employers can’t prefer one protected class of worker over another in hiring, even if the preferred class has historically been discriminated against. Such so-called reverse discrimination cases can net big penalties for employers.