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Termination

Courts Inch Closer to Recognizing Sexual Orientation as a Protected Class

August 20, 2012
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Nine out of the last 10 Congresses have tried to pass a version of the Employment Non-Discrimination Act, which among other things, would add “sexual orientation and gender identity” to the list of classes protected under Title VII. It has failed each time. Courts and the EEOC, however, continue to give the LGBT community that which the legislature has rejected.
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Piercing the Bulletproof Employee

August 16, 2012
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The potential of a retaliation claim certainly ups the ante when terminating an employee who has complained about discrimination.
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'Honest Suspicion' of FMLA Abuse is Justification for Firing: Court

August 9, 2012
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The 7th U.S. Circuit Court of Appeals in Chicago said in its ruling in Daryl Scruggs vs. Carrier Corp., that inconsistent documentation provided by Scruggs was enough to justify his termination.
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Telecommuting as a Reasonable Accommodation

August 7, 2012
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As a recent case points out, telecommuting as a reasonable accommodation remains the exception, not the rule.
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Court Dismisses Discrimination Suit Filed by Christian School Teacher

August 7, 2012
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The federal district court ruling said the court had stayed briefing on St. Peter's motion to dismiss the case pending the Supreme Court's decision.
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It (Still) Pays to Be Good

August 2, 2012
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The Hewlett-Packard-IBM story strongly suggests that, increasingly, the lower road does not compute.
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A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations

August 2, 2012
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Halting confidential workplace investigations serves no one's interest, including the employees the agency is sworn to protect.
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Does Your Social Media Policy Educate About Being 'Profersonal?'

July 30, 2012
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The takeaway might simply be that employers remind their employees to 'be professional' online, and that businesses will hold employees accountable for what they post that could cast the company in a bad light.
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Vulgar Language Must Be Viewed in Context in Sexual Harassment Case: Court

July 27, 2012
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Said one attorney, in cases where off-color language is used, the ruling signifies the importance of finding out 'how that language was used to determine what steps the employer should take and how they should go about investigating' it and imposing discipline.
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Bag of Bones = Age Discrimination

July 23, 2012
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In ordering an employee's termination, the owner of Hawaii Healthcare allegedly told a manager that the employee 'looks old,' 'sounds old on the telephone,' and is 'like a bag of bones.'
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