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You are here: Home / Archives for Discrimination

Do You Have to Hire An Applicant With a Positive Drug Test?

December 3, 2020 by theemplawyerologist Leave a Comment

Your company is hiring drivers and therefore requires pre-employment drug tests. That makes sense. You want to keep your employees and the public safe. Not to take such a step would be inviting liability, somewhere down the road (pardon the pun). You go through all your usual steps. You find one particular candidate promising and […]

Furloughs Aren’t Illegal, Are They?

September 10, 2020 by theemplawyerologist Leave a Comment

Suppose you find your company is affected by the pandemic and resulting economic downturn. You decide to furlough some of your employees. You inform them of their impending furlough. You hope that you can now focus on staying afloat until the economy improves. Could the furloughs themselves cause you other problems? What if your employees […]

A SLAPP in the Face? Why You Might Not Want to File a Counterclaim in a Workplace Harassment Suit

September 3, 2020 by theemplawyerologist Leave a Comment

“My employee just sued me and my company claiming sexual harassment. It’s patently false. I want to counter-sue”. I’ve heard this one before. Can you file a counterclaim to a workplace harassment suit? In theory, maybe. Should you? That’s another question altogether.  Why shouldn’t you file a counterclaim — particularly if you really believe — and maybe even […]

A White Doctor Can’t Sue for Discrimination? Why Not?

August 20, 2020 by theemplawyerologist Leave a Comment

A doctor works as part of the medical staff at a hospital. The doctor, who is white, feels s/he has been the target of racial discrimination. The doctor complains about the alleged discrimination, after which the hospital initiates a peer review of the doctor’s more recent surgeries. The doctor allegedly has had no patient complaints […]

Are Hairstyles Protected Under Anti-Discrimination Laws? Maybe, in Part…

December 19, 2019 by theemplawyerologist Leave a Comment

Does your company have a dress code, or an appearance or grooming policy? Many companies do. What exactly is a dress code or appearance/grooming policy, and why is it important? Generally speaking, these policies are a set of standards set by a company to provide its employees guidance about what is and is not appropriate […]

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