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The Reach of the Equal Pay Act (EPA)

Rightly or wrongly, it is a common perception in the United States that the wage gap is a myth—that in fields where the genders are hired at a roughly equal clip, wages are also roughly equal. In reality, disparity remains. Regardless, even if the genders were always paid equally, there are those who would use…

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Employee Benefits Discrimination Laws

Most of the time, when employment discrimination is discussed, it is on the basis of being unlawfully terminated or not hired due to a suspect characteristic. However, state and federal anti-discrimination laws also cover benefits on the job. Promotions, reassignments, and bonuses, among other workplace events, can be granted or denied based on certain characteristics…

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When Is Age A Bona Fide Occupational Qualification?

When discussing discrimination in the workplace, many people forget that age is a protected classification right along with race, religion, gender and nationality. The South Carolina Human Affairs Law and the federal Title VII both bar any kind of unequal treatment based on age. However, there are exceptions, and one of these is in dealing…

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The Role of the EEOC In Discrimination Cases

It is generally common knowledge that when one runs up against issues of employment discrimination, one should consult the Equal Employment Opportunity Commission (EEOC) to see if they may be able to make a difference in your case or even handle it completely. Most people do investigate this possibility, but very often they remain confused…

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Religious Accommodation In The Workplace

Most of the time when one discusses accommodations on the job, one is doing so under the Americans With Disabilities Act (ADA). The ADA permits disabled workers to seek reasonable accommodations from their employers in order to perform their job more competently. However, there is another ground under which employees may seek reasonable accommodations from…

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Proving A Hostile Work Environment

Describing our jobs as hostile work environments has become almost colloquial, but a truly proving a hostile work environment requires meeting legal benchmarks. Teasing and joking, however unwelcome, do not make a hostile work environment, and yet it can be very difficult to be able to articulate exactly what does. The more evidence you have,…

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FMLA Eligibility & Regulations

Sometimes employees get sick, or their family members get sick. Most employers will understand and make allowances, but sometimes a leave or accommodation that ought to be granted is denied. If you are in this situation, it is a good idea to ensure you understand your rights under the Family Medical Leave Act (FMLA), as…

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Immigrant Workers Rights & Discrimination In The Workplace

Wage and hour law is the subdivision of employment law that governs issues surrounding employees receiving their pay and other benefits. It is not an area of law that the average person has cause to know much about, unless their employer is doing something that is immediately recognizable as unethical or unjust. However, one cross…

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Mandatory Arbitration Agreements in Employment

Employees are becoming more aware of the rights they are entitled to when they agree to work for an employer. As such, employers are looking for a different method than a trial in which to adjudicate disputes, given that the judiciary is not always sympathetic to their arguments. Arbitration, which is almost always mandatory nowadays,…

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ADA Reasonable Accommodation & Unreasonable Accommodation

In May 2017, the Denver-based Frontier Airlines was sued by two female flight attendants who alleged that the airline did not provide sufficient maternity leave, nor appropriate facilities in which to pump breast milk. Both women had to take unpaid leave for significant periods of time in order to ensure their newborn children were well…

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