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Retaliation

How to Handle the Malingering FMLA Abuser

October 10, 2013
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If you believe that an employee is abusing FMLA leave, build your case. Uncover enough facts to support your belief that that employee is committing fraud.


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It’s Time to End Sexual Orientation and Gender Identity Discrimination

October 9, 2013
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The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.


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Supreme Court Rulings Won't Resolve Workplace Business Problems

July 9, 2013
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It's predicted that more claims will be dismissed without need of trial. That may be true, but in practice it misses a key business point.
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'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
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Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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Fired for Suing an Ex-Employer? Court Rejects Public Policy Claim

May 20, 2013
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Employers should treat all employees complaining about anything in the workplace as ticking time bombs, as if their complaints are protected by some law or another. If a court later rejects a public policy claim, all the better.
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EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
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If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
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More on Retaliation for Firing After Complaints of Third-Party Discrimination

March 27, 2013
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Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints.
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Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
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For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
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