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Category Archives: Employment

The Risk of Employment Practices Violations

The Risk of Employment Practices ViolationsThe Equal Employment Opportunity Commission (EEOC) receives tens of thousands of claims by employees and former employees each year. In fact, in 2015 there were 89,385 discrimination cases filed with the EEOC. Topping the list were retaliation claims at 39,757, followed by discrimination allegations involving race (31,027), disability (26,968), sex (26,396), age (20,144), national origin (9,438), religion (3,502), color (2,833), the Equal Pay Act (973), and the Genetic Information Non-Discrimination …

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Employment Practices in Tech Industry: The Diversity Issue

Employment Practices in Tech Industry: The Diversity IssueOver the last few years there has been heightened scrutiny regarding the makeup of the workforce at technology companies, which is predominantly white, Asian, and male. Diversity in the workforce was underscored in a survey conducted by Fortune last year, which revealed that on average women comprise about one-third of the jobs in the tech industry. That gap expands the higher up you go in an organization, with the best …

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Employment Practices Liability: How Will the DOMA Decision Affect Employment Law, Benefits?

Employment Practices Liability: How Will the DOMA Decision Affect Employment Law, Benefits?Employment Practices Liability: After Supreme Court Ruling, Employers Look for Guidance

The Supreme Court in a 5-4 landmark decision in late June struck down DOMA, the Defense of Marriage Act, as unconstitutional and in violation of the Fifth Amendment. DOMA, signed by former President Bill Clinton in 1996, barred the federal government from recognizing same-sex marriages legalized by the states, and prevented these couples from receiving hundreds of benefits available …

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Mitigating the Risk of Employment Practices Suits at the Onset

Mitigating the Risk of Employment Practices Suits at the Onset

Over the last couple of years, we have been discussing in our blog the complex landscape of employment practices and the rise in claims. Employment practices claims typically involve allegations of racial and gender discrimination, sexual harassment, unfair pay, breach of contract, and wrongful termination. While it’s impossible in a fluid environment such as the workplace to avoid employee claims, …

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FMLA Case Brings Employment Practices Liability to the Front

A pregnant worker in Atlanta was fired for requesting a leave of absence prior to her eligibility date, and the U.S. Department of Labor under the Family Medical Leave Act (FMLA) ruled in her favor due to what they considered mitigating circumstances.

This brings up the question of whether an employer has been given sufficient notice of a request for leave of absence and what is the extent to which …

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