Category Archives: Hiring, Firing and Layoffs

Tips for minimizing liability when disciplining an employee following a leave of absence under the FMLA

These days, most large and medium size employers are aware of their general obligations under the Family and Medical Leave Act (FMLA) to allow certain eligible employees to take a leave of absence from work for their own serious health condition or to care for an immediate family member with...
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Must employees disclose their religion to their employers? It depends: Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

Later this month, Abercrombie & Fitch, the brand made for the “popular kids”, will have its chance to argue that without explicit notification from the employee or applicant that a religious accommodation is required, there can be no liability under Title VII for a hiring decision based on the clothes...
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The EEOC’s mandatory duty to conciliate discrimination claims under question in EEOC v. Mach Mining

On Tuesday, the Supreme Court heard arguments in EEOC v. Mach Mining, a case that could tame, what some employer groups have called, the agency’s aggressive litigation posture in certain high-profile cases. Presented before the high court is the question of “whether and to what extent a court may enforce...
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