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Employment Law

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

Take care when new boss is former colleague

04/13/2015
Assume that a lingering friendship can affect the supervisor/subordinate relationship. At least for a trial period, carefully review all discipline that the new boss wants to impose.

New rule bans discrimination against contractors’ LGBT employees

04/13/2015
A White House executive order that went into effect April 8 prohibits federal contractors and subcontractors from discriminating against employees on the basis of sexual orientation and gender identity.

What doesn’t count as reverse discrimination

04/10/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision won’t support a reverse discrimination claim.

Anxiety disorder a covered ADA disability

04/08/2015

Since the EEOC declared that “the ability to interact with others” is an essential life function, some employees and their attorneys have argued that a long list of psychiatric and psychological disorders are covered ADA disabilities. If the diagnostic criteria for a condition includes difficulty getting along with others, then being diagnosed with the condition is proof enough of disability, goes the argument. Now a federal appeals court has essentially agreed with that position, at least when it comes to one diagnosis.

Comment period on proposed sex discrimination rule extended

04/07/2015
The U.S. Department of Labor has extended for two weeks the comment period for its proposed rule governing the obligations of federal contractors and subcontractors not to discriminate on the basis of sex in their employment practices.

Think this guy had a sexual harassment case?

04/07/2015
Sure, it’s theoretically possible for a man to suffer sexual harassment. But it would have to be pretty blatant to get very far in court, right?

The wrong manager was told of harassment–are you still considered ‘on notice’?

04/07/2015
As this case shows, it’s important that employees voice their complaints to the correct supervisor cited in a harassment, discrimination and retaliation prevention policy. Otherwise, the employee’s whole case could unravel.

Judge nixes online notice of Gawker suit settlement

04/06/2015
Traditionally, plaintiffs learn by mail about their potential membership in a class-action lawsuit. Reaching mobile millennials may require a different tack.