Management-side lawyers are always trying to come up with new ways to make discrimination and retaliation legal. So it’s no surprise that they argued in a recent case that there is a “management exception” to retaliation. The theory was that,
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New Employer’s Retaliation For Opposing Discrimination By A Former Employer Is Illegal
One of the biggest worries I hear from clients and potential clients is the fear that filing a lawsuit for discrimination will follow them to a new employer. And it’s a legitimate concern. A lawsuit is a public record. It
Employer Asking About Family Members’ COVID Test Results Is Illegal
EEOC recently settled a case where an employer was deemed to have violated the Genetic Information Nondiscrimination Act by collecting COVID testing data about employee family members. If your employer is making you provide information about your family’s COVID test
Did A Computer Reject Your Job Application? You May Have A Disability Discrimination Claim
Some large employers have left their hiring, promotion, and firing decisions up to computers instead of real humans. And while that may be more efficient, it may also be causing them to reject disabled applicants. EEOC has issued a guidance on
Some Cool New Laws Pending In Congress That Will Help Employees If Passed
It isn’t all bad news out there. Some bills pending in Congress look hopeful for employees. Of course, they probably won’t get through the deadlocked Senate, but hey, let’s be optimistic. If you think these bills should become law, call
Department Of Labor Gives Examples of Illegal Retaliation
The U.S. Department of Labor has provided a guidance that gives specific examples of what constitutes illegal retaliation. The complete guidance is here. Some specific examples they provided are:
Example 1: Employee calls WHD about overtime.
Nelson works
Does The First Amendment Mean Anti-Harassment Policies Are Illegal? Florida Court Says Yes
In a what-the-frack moment, I took a look at what seems to be an opinion that has no relation to employment law, and realized that it has far-reaching implications. The 11th Circuit has ruled that the University of Central Florida’s
Did Florida Make It Illegal To Refuse To Hire White Nationalists, and Yet Make Affirmative Action And CRT Legal? The Utter Stupidity of the Stop WOKE Act.
The Florida legislature, in its infinite wisdom, has decided to modify Florida’s anti-discrimination statute with the Stop WOKE Act. /1There’s a lot stupid about this, but let’s unpack some of the most idiotic parts. The Whole Thing Is Opposite
Yes, Some Small Employers In Florida Can Be Sued For Discrimination
For the most part, discrimination cases can only be filed against employers with at least 15 employees. Federal law and Florida law both limit liability for most discrimination claims to employers with 15 or more employees. But some cities and
How To Make $400,000 By Being An A**hat; And, Are You One Of The Chosen?
I had just read about the philosophy professor who claimed it was against his religion to refer to a trans woman as she/her, and then sued after he was disciplined. The college just settled for $400,000. This isn’t the