Number 43:  The Genetic Information Nondiscrimination Act of 2008 As momentous as it was, the passage of the Civil Rights Act of 1964 was, in many ways, an incremental, evolutionary…

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Category: EEO,

Number 42: Military Veterans And Their Families Gain Employment Rights Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the…

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Category: EEO, FMLA/CFRA,

Number 41:  Discrimination Laws Apply To Undocumented Immigrants Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support…

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Category: EEO, Immigrants' Rights,

Number 40:  “Me Too” Evidence “Me too” evidence is testimony from employees other than the plaintiff who claim that they were subjected to discrimination, retaliation or harassment during their employment. …

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Category: EEO,

Number 39: Statistics In Discrimination Cases Statistics have been a component of discrimination litigation since Title VII enforcement actions began to catch on.  Normally, statistics arise in a disparate impact…

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Category: EEO,

Number 38:  The Supreme Court Defines “Supervisor” for Employer Liability In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether…

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Category: EEO, Sexual Harassment,

Number 37: The Supreme Court Raises The Bar On Proving Retaliation Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found…

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Number 36: “Family Status” Is Not a Protected Class (…or is it?)  Family status discrimination (“FSD”) is an increasingly recognized term that refers to discrimination against employees on the basis…

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Category: EEO, FMLA/CFRA,

Number 34: Religious Dress And Appearance Requires Courts To Strike A Delicate Balance Between Religious Freedom And Business Needs A recent survey by the Pew Research Center reports that 58% of Americans…

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Number 33: The “Cat’s Paw” Doctrine: Conniving Monkeys, Gullible Felines, and Employer Liability Over the fifty years of equal employment opportunity law jurisprudence, many obviously-named legal theories have emerged, including the…

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Category: EEO,