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Retaliation—The Marcia Brady Of Employment Law

HR Daily Advisor

neither can employers seem to escape claims of retaliation by their employees. Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. instead of “Marcia, Marcia, Marcia!”

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Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. However, that changed after she filed a charge of discrimination with the EEOC in May 2011. Postal Service (USPS).

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Is Withdrawing a Discrimination Claim Protected Activity?

HR Daily Advisor

We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. On August 3, 2012, the EEOC dismissed her charge without finding evidence to support her allegations of discrimination. Background.

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Disability Discrimination: I Can See Clearly Now, My Job Is Gone

HR Daily Advisor

District Court for the District of New Jersey ruled that an employee who claimed he was terminated for discriminatory reasons based on his disability was laid off for legitimate nondiscriminatory reasons in a reduction in force (RIF). The following year, in his 2012 annual review, he again received a 3 rating. Background.

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Fired Learning Consultant with Performance Problems Points to Racial Bias

HR Daily Advisor

A recent case highlights the importance of making sure that supervisors and managers are properly trained on documenting performance problems and personnel decisions. Seeking a promotion, he applied for three internal learning solutions consultant (LSC) positions. On March 8, 2012, Turner received a written warning.

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Was CEO’s ‘New Face’ Comment a Mask for Age Discrimination?

HR Daily Advisor

Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination? In a September 2012 report, David summarized his views that the fulfillment division’s performance needed improvement and that IT management was not at an optimum level.

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3 Ways To Avoid Legal Traps In Candidate Screening

Peopletrail

At the same time, you need to be aware of the legality of screening potential employees and make sure that you do not violate any employment law or anti-discrimination law in the process. In 2012, Pepsi paid $3.13 In 2012, Pepsi paid $3.13 Screening Law Violations. million in a settlement.