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Articles by James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch

Court Upholds $550,000 Verdict For Racial Abuse

March 25, 2008
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It not sufficient for an employer to simply have a policy and complaint procedure addressing unlawful harassment in the workplace. Employers are advised to communicate their policies, conduct effective training of employees, promptly investigate suspected harassment issues and take steps to put an end to such conduct.
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Court Upholds $550,000 Verdict For Racial Abuse

March 25, 2008
Comments (0)
It not sufficient for an employer to simply have a policy and complaint procedure addressing unlawful harassment in the workplace. Employers are advised to communicate their policies, conduct effective training of employees, promptly investigate suspected harassment issues and take steps to put an end to such conduct.
Read More

Firing Right After Bias Charge Equals Retaliation

March 14, 2008
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When an employee is fired immediately after the employer learns of a protected activity, it can be inferred that there is a causal connection between the two actions, even if the employee does not present other evidence of retaliation.
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Hearing-Impaired Employment and the ADA

March 14, 2008
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The employee alleging that hiring requirements violate the ADA must show that he or she is qualified to perform the essential functions of the job at issue. The bona fide occupational qualification defense does not apply to ADA claims.
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Firing Right After Bias Charge Equals Retaliation

March 14, 2008
Comments (0)
When an employee is fired immediately after the employer learns of a protected activity, it can be inferred that there is a causal connection between the two actions, even if the employee does not present other evidence of retaliation.
Read More

Hearing-Impaired Employment and the ADA

March 14, 2008
Comments (0)
The employee alleging that hiring requirements violate the ADA must show that he or she is qualified to perform the essential functions of the job at issue. The bona fide occupational qualification defense does not apply to ADA claims.
Read More

EEOC's Medicare Regulations Approved

March 7, 2008
Comments (0)
The EEOC’s final rule, effective December 26, 2007, has been met with support among the employer, labor union and benefits community, but has been vehemently opposed by AARP, the advocacy group for older Americans. Employers should continue to monitor this issue as to the Supreme Court’s final ruling on the matter.
Read More

EEOC's Medicare Regulations Approved

March 7, 2008
Comments (0)
The EEOC’s final rule, effective December 26, 2007, has been met with support among the employer, labor union and benefits community, but has been vehemently opposed by AARP, the advocacy group for older Americans. Employers should continue to monitor this issue as to the Supreme Court’s final ruling on the matter.
Read More