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Employment Laws

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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Understanding Prohibited Personnel Practices

Most employers have the best of intentions, though they may unwittingly run afoul of certain employment laws at some point. Others, however, may deliberately resort to unethical or inappropriate practices to help weed out the job applicants and employees that they do not wish to hire or engage with. In this post, we’ll discuss prohibited…

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Myths About Immigrant Workers Rights

Too often, employers will buy into myths propagated about immigrant workers rights in order to have an excuse to either refuse to hire immigrants or to subtly mistreat immigrant workers they do hire. However, many fall into line with such behavior simply because they are uneducated on the actual requirements of the law. If employers…

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Sex vs Gender Identity in Discrimination Claims

Sex or gender discrimination is sadly common among certain employers, choosing male applicants over qualified females, and in rare cases, the reverse. However, as jurisprudence and society both evolve, an interesting question appears sometimes in sex discrimination cases, especially in the workplace. Where does this leave transgender people, if it addresses their rights at all?

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