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Risk Management

Controlling the Discrimination Case

June 5, 2013
How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Email Surveillance as Evidence of Retaliation

May 22, 2013
If you are going to enforce a policy or exercise some employer right (like surveillance of corporate email or computer systems), do it consistently, not selectively and only after an employee complains about discrimination. Otherwise, you could change a legal and reasonable act into evidence of unlawful retaliation.
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