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SCOTUS: ADEA employee threshold doesn’t apply to public sector

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against people who are 40 or older. The ADEA defines an employer as “a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more...

Men and women should be evaluated by the same objective criteria

A recent case brought by the Equal Employment Opportunity Commission contends that a woman at a group of motorcycle dealerships had to meet requirements for a promotion that men could bypass. This, the EEOC says, is illegal gender discrimination. lawsuit, which was brought in August, a female sales manager at...

Five potential liabilities at your office holiday party

The office holiday party is just one way employers can show their appreciation for employees’ hard work throughout the year. Hosting such an annual get-together gives back to those that have contributed to the company’s success, boosts morale, and creates a light-hearted camaraderie. But they can also present liability issues....

Independent contractor or employee? Know the difference.

Contractor positions are becoming increasingly frequent in the "gig" workplace. Hiring independent contractors instead of employees offers significant benefits to a company, including saving money on employment taxes, employee benefits, and workers' compensation insurance coverage. A company may have contractors and employees working alongside each other. Sometimes the distinction between...

Without hard evidence, how is workplace discrimination proven?

Allegations of discrimination in the workplace persist, from age discrimination to racial bias. But what is required to turn an accusation into a successful lawsuit? Particularly if the plaintiff has no concrete evidence to support her claim of discriminatory behavior, how does a lawsuit result in anything more than conflicting...

Kentucky rejects mandatory arbitration in employment contracts

In May, the U.S. Supreme Court held that employers, under the Federal Arbitration Act (FAA), can force employees to sign arbitration agreements that prohibit employees from pursuing class actions and collective actions against the employer. In other words, employers can force employees to give up their rights to file legitimate...

Barnes & Noble: Former CEO was ousted for sexual harassment

Investigating a workplace sexual harassment claim is almost invariably messy. In many cases, only the alleged victim and perpetrator were present during the events and, ultimately, the situation may come down to the credibility of the parties. That seems to be the case in the recent ouster of Demos Parneros,...

Study finds backlash against men who stand up for others at work

As part of the #MeToo movement, a lot of people have been sharing stories about sexual harassment and gender discrimination they have experienced in the workplace. From that discussion will come a general sense of the severity of the problem and, a lot of people hope, some solutions. One possible...
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