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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


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


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 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."


Sister companies may be a “single employer” under Title VII
  • Sherman & Howard LLC
  • USA
  • November 5 2012

Businesses that have a common owner naturally bear some similarities


EEOC says discrimination on basis of transgender status is prohibited by Title VII
  • Sherman & Howard LLC
  • USA
  • May 1 2012

The Equal Employment Opportunity Commission decided on April 20, 2012, that discrimination against a federal employee because of transgender status, or gender identity, is prohibited by Title VII


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


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


Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave
  • Sherman & Howard LLC
  • USA
  • March 5 2013

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave