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Articles by James E. Hall, Mark T. Kobata Marty Denis

Social Security No-match Letters Considered

July 18, 2008
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Because “no-match” letters are often the result of inaccurate or incomplete employer records, employers are advised that, upon receipt of a no-match letter, the employee should be given a reasonable time to investigate the discrepancy.
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Section for Layoffs Based on Non-age Factors

July 18, 2008
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The high court makes it more difficult for employers to defend themselves against age discrimination suits, and employers—not plaintiffs—bear the burden of persuading a court that discriminatory employment decisions were based on “reasonable factors other than age.”
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ADA 'Association' Claim

July 2, 2008
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Even if there is a legitimate business reason for terminating an employee, disparate treatment of similarly situated employees by a company suggests a reasonable inference of pretext. Employers are advised that when considering taking action against workplace misconduct, they should take action that is consistent and is in line with company policy.
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Retaliation for Job-Protected Absences

June 27, 2008
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Adverse action against an employee for taking job-protected FMLA leave is unlawful. Employers are advised that eligible employees should be afforded FMLA leave, which may include a reduction to an employee’s workload.
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Transgendered Individuals Protected by Title VII

June 18, 2008
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This is a developing area of the law, and not all courts have agreed that Title VII protects transgendered individuals. However, employers are advised that Title VII prohibits job discrimination because of perceptions about whether an individual is “masculine” or “feminine” for the employer.
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Part-Time Work During Medical Leave

June 13, 2008
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Continued employment with another employer during medical leave may not foreclose employees from taking family leave under state or federal law. Employers are advised that they should defer to medical opinion, and request second opinions or clarification if necessary.
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Religion-Based Harassment

May 30, 2008
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When considering appropriate responses to confirmed incidents of workplace harassment, employers are advised to take action that effectively deters recurrence of such conduct. This may include retraining employees about harassment, republishing the employer’s policy on such matters and disciplinary action against responsible parties.
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Refusal to Hire for Critical Letters Violates NLRA

May 22, 2008
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Employees who object to employer practices that affect the employment relationship, such as matters over wages, hours and other conditions of employment, are engaging in protected activity under the NLRA.
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FLSA Does Not Require Pay for College Training

April 25, 2008
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Employers are advised to review FLSA regulations with regard to whether time spent to complete job-related education constitutes hours worked for which pay is required.
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