Blog Archives

Seventh Circuit Recognizes Sexual Orientation as Protected Class

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. A news article about

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Posted in Discrimination, Federal Government, Labor & Employment

EEOC Loses Another Background Check Case

The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks.  In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses of criminal background checks

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Posted in Federal Government, Labor & Employment

Can State Medical Marijuana Laws Trump Employer Rights?

Currently, 23 states and the District of Columbia have medical marijuana laws which allow a lawful level of marijuana use. One question which comes up often in such states is whether an employer can lawfully terminate an employee who fails

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Posted in Discrimination, Labor & Employment, Wage and Hour

Can an Employee Accept a Severance Payment and Still File a Discrimination Claim?

According to the EEOC, the answer to that question is not only “Yes,” but that any severance agreement which limits the employee’s right to file a charge of discrimination is unenforceable and illegal. This week, the EEOC filed suit against

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Posted in Labor & Employment, Uncategorized, Wage and Hour

Employers Beware: Workplace Bullying Laws On Horizon

By Shaan A. Rizvi — Over the last few weeks, sports media have incessantly covered the bullying scandal involving Richie Incognito and Jonathan Martin, two current Miami Dolphins’ players, in which Incognito left threatening and abusive comments on Martin’s voicemail.

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Posted in Discrimination, Labor & Employment

Don’t Mess With Texas

On November 4, 2013, the state of Texas sued the Equal Employment Opportunity Commission over its recently promulgated “enforcement guidance” related to background check policies and the hiring of felons.  The lawsuit, found here, states that “The state of Texas

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Posted in Discrimination, Federal Government, Labor & Employment

Federal Government Shutdown – Who is Open?

With the federal government mired in an extended shut down, I thought it would be interesting to take stock of which agencies are working and which are not in case you have an ongoing investigation and are wondering whether a

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Posted in Federal Government

EEOC Sues Alabama Company For Termination of Applicant With Dreadlocks

A recent lawsuit filed by the EEOC in Alabama is a good reminder of the scrutiny that will be brought to bear over a dress code policy which could be interpreted as having an adverse impact on a racial minority

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Posted in Discrimination
About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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