Employment Law

Cancer and Reasonable Accommodations

September 28, 2017 – Disability discrimination remains one of the most filed forms of discrimination with the EEOC. In 2016, nearly one-third of charges filed with the agency involved claims of disability discrimination. Reasonable accommodations remain a focus for enforcement by the EEOC in 2017. In recent weeks, the agency filed two separate lawsuits against employers who failed to provide a limited medical leave as a reasonable accommodation to employees undergoing cancer treatment.

50 Years of ADEA, Yet Age Discrimination Persists

August 22, 2017 – Fifty years have passed since the enactment of the Age Discrimination in Employment Act. Yet, discrimination against older workers continues in great numbers. As older workers stay in the workplace longer, some are calling for Congress to strengthen and update the ADEA, much as it did with the Americans with Disabilities Act in 2008.

MN Supreme Court Clarifies "Good Faith" in Whistleblower Claims

August 11, 2017 – This week, the Minnesota Supreme Court issued a landmark decision clarifying the Minnesota Whistleblower Act’s definition of a “good faith” report in whistleblower claims. The decision is a resouding victory for employees who have otherwise found it difficult to seek redress for unlawful termination, retaliation, harassment and/or threats for their reports of unlawful conduct by the employer under the Act.

Wage Theft: Millions Lost to Unlawful Employment Practices Each Year

June 23, 2017 – Each year, thousands of Minnesota workers lose millions of dollars to wage theft by employers. Whether an employer requires employees to log into their computer five minutes before their shift and not pay them, misclassifies workers as independent contractors to avoid overtime pay and deny benefits, or pays less than minimum wage, employees of all socio-economic background are at risk of wage theft.

Background Checks: What Are My Employment Rights?

June 9, 2017 - Employment background checks can be an unnerving experience. Yet, employers are increasingly requiring new job applicants and current employees to submit to them, often in the form of criminal background checks and credit history checks. This article provides answers to some frequently asked questions about background checks.

Employer’s Internal Complaint Process May Toll MHRA Statute of Limitations

April 25, 2017 – Earlier this month, the Minnesota Supreme Court ruled that an employee’s internal complaint to his employer’s human resources department suspended the one year statute of limitations period for claims filed under the Minnesota Human Rights Act (MHRA). While a victory for employees, the case is a reminder that employment cases have strict time limits for filing claims.

Mental Health: What are an employee's rights?

January 17, 2017 – Before starting a new job, many employees wonder whether to disclose a mental health condition, such as depression, anxiety or PTSD, particularly if they are in need of a workplace accommodation. Similarly, existing employees ask about their rights when it comes to mental health discrimination, harassment and privacy. With charges of discrimination based on mental health on the rise, employees and job applicants should know their rights.

Sexual Harassment in the Legal Industry

December 12, 2016 - Lawyers, managing partners, and law firm HR departments are well aware of the potentially expensive costs related to discrimination and sexual harassment. Even knowing the legal implications of such misconduct, sexual harassment is not uncommon in law firms throughout the United States.

Sexual Orientation Discrimination is Sex Discrimination Under Title VII

December 2, 2016 - In a historic ruling, a federal court has denied a motion to dismiss a sex discrimination lawsuit filed by the EEOC, finding that sexual orientation discrimination is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The groundbreaking decision will have a ripple effect nationwide, where lawsuits related to sexual orientation have fallen outside the classification of sexual discrimination under Title VII.

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