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Posts by Hitchcock & Potts

Laws Against Religious Discrimination

Religion is one of the personal characteristics which may not be used to discriminate, as per Title VII of the Civil Rights Act of 1964. However, it is somewhat unique in that unlike race, national origin and gender, one’s religious belief is very often not visible or apparent unless discussed. Despite laws against religious discrimination,…

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The Age Discrimination In Employment Act (ADEA)

In today’s workforce, youth is prized. As a result, older workers can sometimes receive inequitable or even illegal treatment in the name of efficiency. While this is obviously against the regulations set out in Title VII of the Civil Rights Act of 1964, it is also in contravention of the Age Discrimination In Employment Act…

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Adverse Employment Action – How To Spot It & What To Do

The concept of wrongful termination is commonly discussed when discussing employer retaliation. However, there are multiple different ways by which an employer can act against you as an employee without firing you or forcing you to resign; these are referred to collectively as adverse employment action. It can be difficult to identify when behavior is…

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DACA Status & Policies In South Carolina

Despite efforts by the current administration to eliminate the Deferred Action for Childhood Arrivals (DACA) program, the status is still valid through March 5, 2018, and may be extended via an act of Congress. Upon being granted status, holders could also apply for work permits, which in theory then grants the right to legal employment…

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What Is An Undue Burden For An Employer?

While many U.S. workers believe that their employer has their best interests at heart – and some are likely correct – in reality, there are many instances where an employer has rights to act to protect the feasibility and profitability of their business. One of the times this is perhaps most obvious is when an…

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What Is An Arbitration Agreement For Employment?

In years past, a case of discrimination against an employee or employees might yield a large verdict, especially if the jury could be made to empathize with the plaintiff’s struggles against their large employer. However, this has become less and less common, for a variety of reasons, not least of all because many employers are…

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Disability Definitions In Different Laws

The colloquial meaning of the word “disabled” is fairly clear. The word refers to someone who, due to some sort of mental, physical or developmental abnormality, cannot perform certain tasks normally expected of someone of the person’s age and cognitive ability. However, in a legal context, disability takes on not just one, but many different…

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