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In the wake of a Minneapolis police officer’s murder of George Floyd and widespread rioting that ensued, teachers at a Twin Cities area school pressed the school’s superintendent to allow them to promote Black Lives Matter in the classroom. Initially, the superintendent denied the request as a violation of school policy against bringing politics into…
Read MoreGenerally, I don’t write much about unemployment compensation decisions. They don’t impact a business the way a lawsuit can, and employers just don’t seem to find them very interesting. I suspect some of the disinterest stems from unfavorable outcomes employers come to expect when a terminated employee’s application for unemployment compensation benefits is challenged based…
Read MoreNumerous State Attorney Generals filed suit in May 2024 claiming the Equal Employment Opportunity Commission (“EEOC”) enforcement guidance on harassment in the workplace went too far in trying to legislate protections around gender identity that go beyond what the U.S. Supreme Court established in the 2020 Bostock v. Clayton County decision. The last time the…
Read MoreIllinois Freelance Worker Protection Act Intent of the law Major Provisions Enforcement of the contract by the freelance worker in Circuit Court of Illinois How to prepare for the new Law: Questions? Contact Anthony J. Caruso, Jr, in our St. Charles office by email or at 630-377-1554
Read MoreThe Supreme Court of Iowa recently vacated a jury award of nearly 1.4 million dollars, an award that could have otherwise been tripled, finding that the plaintiff failed to properly prove her claims for either sex-based wage discrimination or retaliation. The lawsuit alleged sex discrimination in wages and went to a jury despite the defendant’s…
Read MoreWith apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…
Read MoreAfter the United Auto Workers (“UAW”) signed contracts with numerous auto workers in 2023, they announced their organizing intentions at nonunion automakers who have numerous facilities in the South. In May 2024, Mercedes employees at the company’s plants in Vance and Woodstock, Alabama, voted against UAW representation in an election trying to unionize both plants.…
Read MoreOn Monday this week the EEOC raised eyebrows when it published its long-awaited final take on harassment law. The guidance is aimed at educating employers and employees alike, but will no doubt be used by plaintiff and defense lawyers in court. Consequently, employers, HR professionals, and consultants are well advised to become aware of what…
Read MoreJob descriptions with lifting, standing, mobility, and/or other essential requirements are ubiquitous across all industries. EEOC interpretive regulations and numerous court decisions give deference to the judgement of employers as to what are the “essential functions” of the jobs they provide. Written job descriptions are presumed to accurately reflect essential functions. Why is this important?…
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