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Results: 1-10 of 119

Employee not eligible for FMLA leave still protected by non-discrimination provisions

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act

The declining value of non-disparagement provisions in separation agreements

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

When entering into settlements or release agreements with departing employees, some employers want to bargain "hard" for non-disparagement provisions

Employer’s intrusion into employee’s Facebook page may be invasion of privacy

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

A federal district court in New Jersey recently addressed a question about which employers have long speculated, but had no answer, whether an employee can successfully assert an invasion of privacy tort claim against an employer that makes unauthorized access to the individual's Facebook account

Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 3 2011

Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act

Is the scope of protected “opposition” shrinking?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • May 1 2012

Section 704 of Title VII protects an employee from retaliation for "opposing" the employer's illegal discrimination or for "participating" in a proceeding raising a claim of discrimination banned by Title VII

HR director has no retaliatory discharge claim based on dismissal during her investigation of internal discrimination complaint

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

In our last newsletter, we observed that courts have increasingly been restricting retaliation claims, by circumscribing recognized employee "participation" in proceedings under the discrimination laws and employee "opposition" to unlawful discrimination

Tenth Circuit rules that ADA’s Title II does not reach employment discrimination

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 5 2012

The Tenth Circuit Court of Appeals, which includes Colorado, recently ruled on an issue that appears destined to be decided by the U.S. Supreme Court - whether an employee of a state or local governmental unit can pursue employment discrimination claims under Title II of the Americans with Disabilities Act

Warning to Colorado employers: FMLA-expansion bill would be costly and burdensome

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • March 5 2013

The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the

Is an offer letter the whole show or just a preview of coming attractions?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2013

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be

EEOC is suing employers that use random alcohol tests with employees

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

Under the Americans with Disabilities Act, an employer may not compel a current employee to undergo a medical exam or ask an employee whether he or she is disabled (or about the nature or severity of the employee's disability), unless the exam or inquiry is (1) job-related, and (2) consistent with business necessity