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Posts by Hitchcock & Potts

What Behavior Constitutes A Hostile Work Environment?

The phrase “hostile” or “offensive” work environment is thrown around often in a colloquial sense. But this can mean that when the phenomenon actually occurs, it is easier to miss it. So what behavior constitutes a hostile work environment? If you think that your job may have descended into this level, read on to learn…

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FMLA Facts vs Myths – Understand Your Rights

Taking leave under the Family Medical Leave Act (FMLA) is a right that employees have if they meet certain criteria. However, there are numerous misconceptions that persist about what FMLA actually is and what it is not. It is critical to understand the truth about FMLA leave, so you do not assume that you are…

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Can I Sue An Employer For Discrimination?

The path to a resolution of an employment discrimination complaint is a long one, but eventually many do get decided in favor of the complainant. If your complaint or suit is decided in your favor, you need to be aware of what your requested remedy or remedies might be—in other words, what you want out…

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Employment Discrimination And … Hair Styles?

In today’s atmosphere, it can seem as though every tiny detail can be grounds for a discrimination claims. Employers are often accused of mistreating people on grounds that are, by and large, more than a bit farfetched. However, some seemingly inane or mutable characteristics can be a very real barrier to employment, especially when race…

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South Carolina Expungement Law Expands Its Scope

In mid-July 2018, a modification to South Carolina expungement law went into effect. This modification may make job seeking easier for some. The change will allow someone to expunge an offense (or several connected offenses) if it carries a sentence of 30 days’ jail time or less. They must also be able to demonstrate good…

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Court Rules No Freedom Of Religion Exemption To Title VII

The state of South Carolina is situated under the jurisdiction of the Fourth Circuit Court of Appeals, along with North Carolina, Virginia, West Virginia, and Maryland. However, it is worth paying attention to the decisions that come out of the other circuits, because if too many disagree on one particular issue, the Supreme Court will…

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What Is At-Will Employment?

Every state in the U.S. observes the “at will” employment doctrine, meaning that a worker may be terminated by their employer for any reason, at any time, with rare exceptions. However, it is important to understand that there are exceptions, so that you are aware that you may fit into them. If you have been…

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ADA 101: Common Issues For Disabled Workers

Despite the Americans With Disabilities Act (ADA) being passed in 1990, the significant majority of disabled employees still encounters discrimination in hiring and in employment itself. Less than 20 percent of disabled people are employed as of 2017, and once employed, they have to deal with conduct that most non-disabled people do not face. Some…

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Is “Ban The Box” Coming To South Carolina?

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on several grounds, including race, color, gender/sex, national origin, and religion. One characteristic it does not exclude from discrimination is past criminal history. While employers are entitled to ask questions regarding past criminal history, more and more companies and locales are participating…

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