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Showing posts for: Harassment & Discrimination

Photo of Diane Buisman
May 15 2017
Harassment & DiscriminationTermination & Resignation  

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

In a rare case, an unmarried teacher recently won a victory against her employer by applying Oregon’s law protecting individuals from discrimination based on marital status. The teacher worked at a Christian university, which required her to adhere to a certain moral standard. When she revealed that she was pregnant, unmarried, and living with her boyfriend, her employer gave her the options of ending her cohabitation, marrying the father of her child, or losing her job. When she declined the first two options, the university terminated her employment.

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Photo of Diane Buisman
May 10 2017
Harassment & DiscriminationWage and Hour  

Internal complaints count as whistleblowing under Oregon law

Two employees complained to their supervisors about not getting paid overtime. In a groundbreaking decision from the U.S. Ninth Circuit Court of Appeals, these employees were protected from retaliation under Oregon law.

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Photo of Jodi Slavik
Apr 18 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Hiring a transgender receptionist

Q: We interviewed an applicant for our receptionist position that was dressed as a woman but looks like a man. My conservative boss doesn’t want to hire her because she might turn off customers. Is this a legitimate reason not to hire her?

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Photo of Karen Davis
Apr 12 2017
Affirmative ActionHarassment & DiscriminationLabor Relations  

Blacklisting rule is gone for good

As expected, President Trump signed a resolution from Congress (H.J. Res. 37) that overturns the U.S. Department of Labor (DOL)’s rules implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” also known as the federal contractor “blacklisting” order. As a result, the rule cannot be enforced. Also, federal agencies are prohibited from ever issuing a substantially…

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Photo of Jodi Slavik
Apr 04 2017
Harassment & DiscriminationTermination & Resignation  

Female supervisor fired for sharing a stale cake will get her day in court

The U.S. Ninth Circuit Court of Appeals recently breathed new life into a lawsuit against WinCo Foods, finding enough evidence to suggest sex discrimination against a long-term female supervisor who was fired for sharing a stale cake with her work crew.

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Photo of Josephine Ko
Mar 29 2017
Harassment & DiscriminationTermination & Resignation  

Okay to terminate manager for violating behavioral contract

A California Court of Appeals recently upheld an employer’s decision to terminate a senior manager for violating his behavioral contract. The manager had engaged in an affair with a non-management employee. After the relationship ended, the manager obsessively contacted the employee via text messages, calls, and visits to her house and neighborhood even after the police told him to stop. The employee finally reported her fear of him to company security, which prompted an investigation that confirmed the harassing conduct.

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Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation  

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Karen Davis
Jan 13 2017
Harassment & Discrimination  

Whistleblower protections expanded for federal contractor employees

On December 14, 2016, President Obama signed legislation that expands whistleblower protections for employees working on federal contracts. The law now protects the same categories of workers on both civilian and defense contracts: any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor on the federal contract. (Previously…

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Photo of Josephine Ko
Dec 22 2016
Harassment & Discrimination  

New California law mandates gender-neutral single-user bathrooms

Starting March 1, 2017, new legislation approved by California Governor Jerry Brown will require public single-user bathrooms to be designated as “all-gender.”

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Photo of Karen Davis
Nov 21 2016
Harassment & Discrimination  

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil…

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