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It seems obvious that treating someone unfavorably because that person is a member of a particular race or because that person has a certain skin color complexion is discriminatory, and therefore, illegal. But what about employment policies or practices that apply to...
It seems obvious that it cannot allow the use of racial slurs in the workplace to refer to a co-workers. But, can an employer be held liable for one of its employee’s written racist messages in the workplace? This question was just posed to our team of employment...
The employment discrimination lawyers at Spitz, The Employee’s Law Firm were recently asked about the viability of race discrimination claims when the employee and the employer harasser are the same race. Can black managers racially discriminate against black...
The Americans with Disabilities Act (ADA) seems to be expanding its definition of “disability.” Just last month, the American Medical Association voted to re-classify obesity from a condition to a disease. As such, obesity – even perceived disability – likely...
Our wage and hour attorneys were recently asked: Are employers required to pay employees for holidays? The answer: well, it depends. Employers are not required to pay non-exempt employees for holidays. Non-exempt employees are those employees subject to the overtime...
Let’s start with the ending, in granting a very rare partial motion for summary judgment in favor of plaintiffs, Judge Kimball wrote that the conduct of Holmes & Holmes Industrial, Inc. (“Holmes”), a construction company, was “constitutionally offensive in any...
Employment law attorneys understand that disability discrimination encompasses both real and imagined disabilities. To be sure, the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability, even discrimination because an employer...
The Americans with Disabilities Act (“ADA”) protects disabled individuals from all kinds of workplace discrimination. One type of discrimination that the Act protects against is an employer’s refusal to provide a reasonable accommodation. Under the ADA, an employer...
Most employers understand that, under the Americans with Disabilities Act (ADA), it is illegal to discriminate against employees or applicants with disabilities. However, what many employers are unaware of is a lesser-known ADA provision that prohibits discrimination...
The manager of an adult entertainment facility (read strip club) is faced with discerning customers that ask, “Where are all the white women at?” It becomes clear that at this location, white women are more profitable than dancing black women. The manager’s job is...