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Shulman Kessler
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March 2015 Archives

More honored in the breach…

There is a great deal of illegal discrimination that occurs in the workplace. Some is inadvertent; some businesses fail to grasp the mandatory nature of the federal civil rights and employment laws, either because they do not believe they apply or because do not understand the requirements of the law.

Pregnancy discrimination remains a real issue for many women

After a law is passed to deal with a form of discrimination, many people naively assume that that action solves the issue and ends that type of discrimination. However, merely placing a law on the books is a long way from ending the discrimination.

A whole lotta Johns

Sex discrimination was prohibited by the Civil Rights Act of 1964. But as we noted last time, discussing Patricia Arquette's Oscar acceptance speech and the topic of equal pay for women, the issue is complex, and that is one reason that even with all of the legislation since 1964 that as further amended and augmented the Civil Rights Act, there are still discrepancies in the American workforce between men and women.

Equal pay for moms?

Some people were put off by Patricia Arquette's Oscar acceptance speech. Some felt was insufficiently inclusive, while others were unhappy that a women who is a Hollywood actor, and earns many times per hour what most American workers earn in a week or even month, was raising the issue of equal pay for women.

When a job injury becomes a wrongful termination

The facts of a wrongful termination cases often begin as something else. A case involving a former police officer begins with the officer suffering an injury while on duty. He dutifully filed a claim for workers' compensation benefits. He eventually returned to work, about a year after his injury.

Some questions are more difficult than others

Last week, the U.S. Supreme Court wrestled with the issue of what does an employer need know about a job applicant or employee that would make them liable for a violation of the Civil Rights Act, where the employer lacked actual knowledge of the individuals religious practice.

NY Court sends discrimination case back for more facts, pt.2

Minority firefighters had sued the Buffalo fire department for a pattern and practice of discrimination that had disadvantaged minorities in their ability to obtain jobs and promotions, and the courts had imposed quotas and other remedial efforts on the department.

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