In most states, absent a contract or policy to the contrary, the employment relationship between an employer and employee is "at will." This means...
Discrimination
What is “Disparate Impact” Discrimination?
Disparate impact discrimination is "negligent" or "unintentional" discrimination. It occurs when an employer's facially neutral policy (e.g., a...
State Law
State anti-discrimination laws often provide employees with greater protections than Title VII. Employers should therefore become familiar with the...
Best Practices: “Religious Issues in the Workplace”
Employers should consider the following “best practices” when handling religious issues in the workplace: Create an atmosphere of open...
Defining “Religion” and Types of Discrimination
Defining "Religion" and Types of Discrimination Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from...
Right to Class-Wide Action Required in Arbitration Agreements
Now more than ever, employers are requiring employees sign mandatory, pre-dispute arbitration agreements. In D.R. Horton, Inc., 357 N.L.R.B. 184...
Minister Cannot Sue Church for Discriminatory Termination
In a landmark decision, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553 (Jan. 11, 2012), the U.S. Supreme Court clarified...
Performance Improvement Plan Insufficient For Discrimination Claim
A plaintiff in an employment discrimination case must show: (1) he or she is a member of a protected class, (2) he or she suffered from an adverse...
Undocumented Workers Not Entitled To Backpay for NLRA Violations
The National Labor Relations Act (NLRA) prohibits employers from interfering with employees' rights to join together to improve their wages and...
Connecticut Governor Signs Nation’s First Paid Sick Leave Law
On July 1, 2011, Connecticut became the first state in the nation to require employers provide employees with paid sick leave. The new law, which...
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