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Employment Laws

The First Amendment On The Job: Employment & Free Speech

Most people in the U.S. learn about the Constitution’s First Amendment in school, and then rarely ever have cause to remember it again. However, its tenets are important later in life, when it comes to the types of speech that are protected and the places in which that speech is protected. The workplace is always…

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What Is A Wage & Hour Claim?

Everyone who works in the U.S. has certain rights, including a guaranteed minimum wage, a 40-hour work week (and overtime if one works more, unless exempted), and the right to be free from exploitation. However, sometimes these rights do get tested by employers looking to squeeze out a profit, with pay-related claims being among the…

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Guidance Arrives On SC Pregnancy Accommodations Act

The South Carolina Pregnancy Accommodations Act (PAA) was signed into law by Governor McMaster on May 17, 2018. However, until recently, the South Carolina Human Affairs Commission (SCHAC), whose job it is to oversee pregnancy-related employment discrimination claims, had not published guidance governing frequently asked questions and concerns on how the law is to be…

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Filing An EEOC Claim vs An SCHAC Claim

No one ever wants to have to file a claim against an employer, but it does happen. If it does, it can feel extremely overwhelming. A brief overview of the process can help to get one’s thoughts in order and make it clearer how best to attack the problem. You deserve the best chance possible…

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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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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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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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What Are Bona Fide Occupational Qualifications?

The average U.S. worker believes that any type of discrimination in employment is illegal, when in reality this is not the case. In rare situations, it is possible to discriminate in hiring and employment if the characteristic in question is what the law calls bona fide occupational qualifications (BFOQ). This designation is seen in Title…

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