Number 32: Understanding Retaliation Claims Under Title VII and the Employee’s Good Faith Belief Requirement One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim. …

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Number 31:  Discrimination Claims are Arbitrable Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other…

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Category: Arbitration, EEO,

Number 30: An Employer’s Honest Belief A Surefire Defense?  Not Always  Proving discrimination – or the absence of it – is a tricky proposition at its core and there can…

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Category: EEO,

Number 29: The EEOC Requires Employers to File EEO-1 Reports The EEOC is tasked not only with enforcement and adjudication of employment discrimination; it also has data-collecting requirements.  In some…

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Category: EEO,

Number 28:  The Older Workers Benefit Protection Act and Settlement Agreements in General In 1990, Congress amended the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination for workers 40…

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Category: EEO,

Number 27:  Discrimination and Harassment Policies in Handbooks Before Title VII, employee handbooks were rare and, if they existed, they were small pamphlets explaining intra-office procedures.  It wasn’t until the…

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Category: EEO,

Number 26: Individuals Cannot Be Liable For Title VII Violations There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct…

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Category: EEO,

Number 25: The Rise in Frequency of Retaliation Claims When considering Title VII complaint statistics, it is usually assumed that race discrimination or sexual harassment claims would be the most frequent…

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Category: EEO,

Number 24:  The Supreme Court Balances TheTension Between Disparate Treatment And Disparate Impact Discrimination In Employment Testing Employment tests and other selection procedures have long been part of hiring and…

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Category: EEO,

Number 23: After-Acquired Evidence  “You did what?  If I Hadn’t Already Fired You, I’d Fire You Now!” What if?  This is the question that has followed Title VII since its inception:…

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Category: EEO,