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DFEH Releases Guidelines on Anti-Harassment Policies, Training and Notice Regulations

June 2017
Number 33

The Department of Fair Employment and Housing (DFEH) recently released a Workplace Harassment Guide that includes recommended practices to enable employers to comply with California Fair Employment and Housing Act (FEHA) regulations aimed at preventing, investigating and addressing workplace harassment. 594 more words

Labor And Employment

NO EVIDENCE OF AGE BIAS WHEN JOB WAS ELIMINATED AS PART OF REDUCTION IN FORCE

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in an age-discrimination case because it agreed with the lower court that the plaintiff had failed to raise a material issue of fact that her termination, which was part of a reduction in force, was pretextual. 960 more words

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The $51.6 Million Verdict – Putting the Fear of God in Age Discrimination

If you are having a hard time getting decision-makers to focus on a single-plaintiff employment case, you might want to make copies of the verdict sheet in… 179 more words

‘Apprentisaurus’ Age Claim Is Now Extinct

A court decision out of Illinois involved a slew of age-discriminatory comments from co-workers.

Several co-workers called Jeffrey Kawczynski the “apprentisaurus” and one wrote the epithet on his work helmet, Kawczynski said.  315 more words

Michael Homans

FOURTH CIRCUIT HOLDS NO TITLE VII RETALIATION CLAIM WHEN EMPLOYER FIRES AN EMPLOYEE ON MISTAKEN BELIEF THE EMPLOYEE LIED ABOUT POTENTIAL TITLE VII CLAIM

Employers investigating Title VII discrimination claims should take some comfort, based on a recent Fourth Circuit case, that if they terminate an employee for making a false claim after a good-faith investigation, they will likely not be held liable for a Title VII retaliation claim if the claim later proves to be valid. 1,029 more words

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Yes, Kate Lynn, Gender Dysphoria Can Be a Disability

The popular press has touted as “unprecedented” a decision in May by a federal judge in Pennsylvania that a transgender employee could move forward with her suit for discrimination under the Americans with Disabilities Act (ADA). 397 more words

Michael Homans

EMPLOYEE BENEFIT PLANS FOR PRINCIPAL-PURPOSE ORGANIZATIONS NEED NOT BE ESTABLISHED BY A CHURCH TO BE EXEMPT FROM ERISA

In a ruling that could have cost nonprofit religious-affiliated employers millions of dollars in compliance and other costs had it gone the other way, on June 5, 2017, the U.S. 591 more words

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