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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


Is it worthwhile to fight unemployment benefits claims? Another reason to just say no
  • Sherman & Howard LLC
  • USA
  • November 5 2012

Understandably, employers are upset when ex-employees fired for good cause - especially acts of misconduct - file unemployment compensation claims


Past education and experience may justify different pay rates for new hires, but not later pay rates for employees
  • Sherman & Howard LLC
  • USA
  • May 1 2012

In pay discrimination cases - whether raised under the Equal Pay Act or Title VII - employers commonly justify pay disparities among employees by pointing to the differences in their education and work experience


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


Fragrance-free workplace policy & work at home may have been reasonable accommodations for employee with asthma and chemical sensitivity to “Japanese Cherry Blossom”
  • Sherman & Howard LLC
  • USA
  • September 6 2012

A federal court in Ohio recently ruled that an employee with asthma and chemical sensitivity to perfumes and scented products could pursue an Americans with Disabilities Act claim against her employer for not reasonably accommodating her disability, despite the many (albeit delayed) accommodations offered by her employer


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."


No age discrimination to replace employee with computer software
  • Sherman & Howard LLC
  • USA
  • September 1 2011

In a case showing that robotics may have an adverse effect on the employment rate of persons who perform non-repetitive tasks and exercise judgment, the Eleventh Circuit Court of Appeals has held that a dismissed employee whose functions were replaced by a new process and related computer software cannot present a prima facie case of discrimination


SOX extended to public corporation’s non-public subsidiary, despite claim arising before Dodd-Frank
  • Sherman & Howard LLC
  • USA
  • May 9 2011

In past newsletters, we've discussed how the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub


Timing of employee discharge supports FMLA retaliation and interference claims
  • Sherman & Howard LLC
  • USA
  • November 2 2011

Most employers believe that an employee who is laid off for business reasons has no basis for a lawsuit