When an employee is a victim of workplace discrimination, having evidence and documentation to back up a claim is important. Past Job Performance Evaluations Many employees are subject to annual job performance reviews where their workplace contributions are evaluated. These yearly appraisals can prove very valuable in a workplace discrimination case if an employer sites poor performance as a reason for an adverse employment action when an employee has consistently received highs praise … [Read more...]
Appealing an LTD Claim Denial
Individual’s suffering from a serious illness or injury, who are unable to continue working, often turn to long-term disability insurance for needed income. If your LTD claim is denied, it is important to work with an experienced attorney who specializes in ERISA law to help you prepare a long-term disability denial appeal. Reasons LTD Benefits are Denied The process starts by understanding why your claim was denied. Your attorney will carefully review the denial letter sent by your … [Read more...]
Age Discrimination on the Job
Despite legal prohibitions, workers across the nation are frequently subject to workplace discrimination on the basis of age. Many older Americans face age bias in the workplace as more choose to work past the age of 65, with 40 percent of adults ages 65 to 69, and 25 percent of people ages 70 to 74, expected to be still working through 2030. Unfortunately, older workers sometimes do not feel welcome in the workforce. An AARP survey found that nearly 80 percent of older workers reported … [Read more...]
Refugee, Non Citizen Employment Rights
Under federal employment discrimination laws, applicants and employees are protected from employment discrimination based on national origin. National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country or area of the world; due to their ethnicity or accent; or because they appear to be of a certain ethnicity. National origin discrimination can also involve treating someone unfairly because they are married to or an … [Read more...]
Complaints of Employment Discrimination Plague Diversity Programs
A proposed class action lawsuit has been filed against the largest U.S. newspaper publisher, Gannet Co Inc., by employees alleging they were fired or passed over for promotion to elevate less qualified women and minorities. Plaintiffs claim that the company's efforts to diversify newsrooms has led to discrimination against white workers. According to the complaint, a policy announced in 2020 revealed the publisher’s push to transform newsrooms to reflect the demographics of the … [Read more...]
Supreme Court Rules on Workplace Religious Accommodations
In a recent case regarding religious accommodations in the workplace, the U.S. Supreme Court unanimously ruled that a lower court applied the wrong standard after siding with an employer who denied an employee’s request not to work on Sunday Sabbaths. Employment discrimination laws prohibit religious discrimination to include religious beliefs and practices. The statute requires employers to accommodate an employee’s religious practice as long as it does not pose undue hardship on the … [Read more...]
Retaliation in the Workplace
Retaliation in the workplace is an adverse employment action often taken against an employee after they report unlawful practices, serve as a witness to support a claim of unlawful behavior, or assist or participate in an investigation, grievance proceeding, or hearing regarding unlawful activity in the workplace including workplace discrimination. For example, an employee that reports illegal activity in the workplace such as sexual harassment may be subject to retaliation for reporting the … [Read more...]
Terminating a Physician Employment Agreement
Doctors considering a change in employment must look to their employment contract signed at hiring to determine what, if any, guidelines or restrictions exist when terminating employment. A physician employment agreement (PEA) often contains a termination clause regarding what steps are necessary to terminate employment: a non-competition agreement stating any limitations on where a physician can work and; any repayment obligations a physician will have related to hiring bonuses and … [Read more...]
Wisconsin Fair Employment Act : Discrimination in Employment
Employers are prohibited from discriminating against certain protected classes of workers including refusing to hire, terminating employment, or taking other adverse employment actions based on the protected class. The law further prohibits harassment or retaliation against the same protected classes in the workplace. Under the Wisconsin Fair Employment Act (WFEA), discrimination or harassment is unlawful if it is based on age (Over 40); arrest or conviction records; race; national origin, … [Read more...]
Protections Against Workplace Pregnancy Discrimination
Pregnancy discrimination is pervasive in workplaces across the nation and various laws have been enacted to protect against unfair treatment on the job. Recently, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP Act, were signed into law, imposing new federal requirements on employers with respect to workplace accommodations related to pregnancy, childbirth, and nursing moms. The PWFA provides employees who have conditions … [Read more...]
