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

Transsexual's Sex Bias Claim Allowed

April 28, 2006
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An employee of Axcan Scandipharm, was diagnosed with a gender identity disorder. After Mitchell was approved as a pre-operative transsexual and a candidate for sex reassignment surgery and “began to present in public as a female.” Mitchell alleged that he was then subjected to harassment on the job at Axcan
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Proof of Superior Qualifications

April 12, 2006
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Having better qualifications is often considered a legitimate, nondiscriminatory reason for hiring or promoting one applicant or candidate over another. But what if the applicant or candidate who is not selected claims employment discrimination?
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Policy Revisions Found Lawful

April 12, 2006
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Amber Walker was employed as a beer truck driver for Fred Nesbit Distributing Co. When she became pregnant, she claimed that unlike pregnant employees, male employees who were injured off the job were accommodated by their employer, who provided light duty or reassignment to them.
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Off the Clock Overtime Claims

March 23, 2006
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Computer records can be helpful. If, however, the records contain the incorrect information, they can be used as a sword against, instead of a shield for, the company.
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Courts Approve Retaliatory Harassment Claim

March 23, 2006
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As a result of the ruling employers are advised to review and update anti-harassment polices to ensure that retaliatory acts are grounds for termination and, when specific complaints are lodged, be alert for retaliatory harassment.
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No Sex Harassment, But Possible Retaliation

March 3, 2006
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This court case throws out a claim of sexual harassment, but allows a claim for retaliation to proceed. Employers should be aware that retaliation claims can be more difficult to resolve than the initial claim.
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Sanctions for Failure to Keep E-mail Records

February 16, 2006
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Once and employee complaint--internal or external--is filed, gather pertinent document, especially e-mail. Err on the side of keep more documents rather than fewer.
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English-Only Rule Questioned

February 16, 2006
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Courts and enforcement agencies strictly scrutinize English-only polices. Consideration must be given to whether English-only policies encompass business-only conversations and do not create a hostile work environment.
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Liability for Employee Internet Misuse

February 7, 2006
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This decision imposes an expansive duty on an employer, beyond simply investigating and stopping inappropriate Internet activities at work.
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