Articles

Digital discrimination: Targeted ads don’t reach all potential applicants

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites like ZipRecruiter.com and Indeed.com. With the more recent advent of advertising on social media platforms, the recruiting landscape has…

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NLRB reverses course on joint employers and employee handbooks

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to both unionized and non-unionized employers. Because other employment regulatory agencies like the Department of Labor and the Equal Employment Opportunity Commission have, on…

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Avoiding legal hangovers

‘Tis the season … for office holiday parties. They are great for employee morale. They can also give rise to legal hangovers that can extend far beyond the holiday season. The primary legal perils of office parties are claims of sexual harassment or alcohol-related injuries by third parties. If an employee gets intoxicated and sexually…

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Oklahoma jury awards transgender employee $1.165 million

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity. Nevertheless, this Monday an Oklahoma City federal court jury awarded a transgender plaintiff $1,165,000 on her claims of discrimination and retaliation. Professor Tudor’s claims…

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Retaliation 101

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation. Worker sues after failing competency test and losing position In Pittman v. American Airlines, Inc., employee Anna Pittman filed suit after being rejected for a hazardous…

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EEOC alleges medical exams and questionnaires violate ADA, GINA

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made. Once a conditional offer of employment is made, an employer may make such inquiries or require such exams, provided it…

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