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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


Property owners have no indemnification or other liability-shifting rights against consultants whose advice results in ADA Title III violations
  • Sherman & Howard LLC
  • USA
  • November 5 2012

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance with the ADA's accessibility requirements


Demanding that ex-employee not use confidential business information may result in Title VII retaliation liability
  • Sherman & Howard LLC
  • USA
  • January 4 2011

Before sending a letter to an ex-employee demanding cessation of unauthorized disclosures of the company's confidential business information, an employer should consider various factors


MMPI was job-related and consistent with business necessity based on employee’s hostile conduct and independent psychologist’s recommendation
  • Sherman & Howard LLC
  • USA
  • July 9 2013

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that


No overtime pay liability when employee fails to report exact time worked
  • Sherman & Howard LLC
  • USA
  • January 2 2013

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for


Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”
  • Sherman & Howard LLC
  • USA
  • September 6 2012

Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."


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


1871 Civil Rights Act extended to ban sexual orientation discrimination by public employers
  • Sherman & Howard LLC
  • USA
  • July 9 2012

The longer that Congress fails to amend Title VII of the 1964 Civil Rights Act, to prohibit employment discrimination based on sexual orientation, the greater the propensity of courts to find that other existing federal and state laws ban such discrimination


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