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Employment Law

Never, ever say a word about applicant’s age

05/24/2017
You may see more older workers seeking open positions in your organization. How you treat those applicants can mean the difference between winning or losing an age discrimination lawsuit.

Among Obama rules, execs want ‘quickie elections’ dead

05/18/2017
A survey by the Littler law firm asked 1,200 U.S. executives which Obama-era law or regulation would they most like to see repealed or revised.

Past discipline record beats retaliation claim

05/17/2017
Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.

$1 damage award in University of Minnesota harassment case

05/17/2017
A federal jury has awarded just $1 in damages to a former University of Minnesota doctoral student in a two-year-old case that alleged a professor had sexually harassed her on a research trip to Alaska.

Sealy settles harassment charges for $175,000

05/17/2017
Sealy of Minnesota has agreed to settle charges it failed to properly address and end racial harassment at its mattress and box spring factory in St. Paul.

Minnesota Supreme Court: Discriminatory animus not required in pregnancy bias case

05/17/2017
The Minnesota Supreme Court has remanded a case involving pregnancy discrimination. The trial court will have to decide whether an employer revoked a job offer due to pregnancy.

When promoting from within, make sure you provide anti-harassment training

05/17/2017
Remember, employers can be held liable for managerial harassment, even if they’re unaware that anything wrong is happening. Show your good-faith effort to prevent harassment by documenting that you provided training to new managers.

Mere annoyances don’t add up to retaliation

05/17/2017
Employees who have filed hostile work environment claims are allowed to sue their employers who retaliate against them for complaining. However, minor annoyances aren’t enough to constitute retaliation.

Tough economy no excuse for pay bias

05/17/2017
The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.

EEOC weighs in: Most sexual harassment training doesn’t work

05/16/2017
The EEOC receives over 30,000 harassment complaints each year, and that may just be the tip of the iceberg. One EEOC-com­­missioned survey found that three out of four employees who experience harassment never complain through their employer’s established channels.