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  • issue 103
  • feb. 6, 2012

THIS WEEK: Although Punxsutawney Phil says we have six more weeks of winter, that doesn't mean your website can wait! Workplace Fairness can help you get some spring before winter is up! Check out our 0.1.2.3. Content Licensing for Legal Websites to learn more about adding some new features to your firm's webpage and greater mediums for advertising!

If you would like to learn more about the services we offer, or make a donation to help us continue providing free information for workers around the nation, please contact us at [email protected] or call 240-429-0260.

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In the News more

Minimum wage rates may climb this year

Lawsuit raises questions about email privacy at work

Women file sex-bias claims against Wal-mart with EEOC

Former Intern Sues Hearst Over Unpaid Work and Hopes to Create a Class Action

Indiana enacts 'right to work' law

L.A. Fire Department Settles EEOC Harassment & Retaliation Case for Nearly $500,000

Citigroup unit to pay $500,000 in age bias case

Generational stereotypes entering the workplace

Should Businesses Worry About Appearance-Based Discrimination in the Workplace?

How to Work with Someone You Hate

Michelle Obama, Labor Secretary Hilda Solis propose more job protection for military caregivers

Pregnant, and Pushed Out of a Job

EEOC Wins Preliminary Injunction to Prevent Retaliation Against Pitre, Inc. Employees

Protecting Religious Staffing by Religious Organizations

With Focus on Income Inequality, Albany Bill Will Seek $8.50 Minimum Wage

Union membership up slightly, outlook in doubt

Workplace Snitching: If You See Something, Should You Say Something?

NLRB warns employers about broad social media policies

Right to work gets first foothold in Rust Belt

Can employers require job applicants to have a high school diploma?

What Is a 'Right to Work' Law?

Saying No To Sexual Harassment At Startups

Labor board chief says he'll push for changes giving unions a boost in organizing members

Mean girls at work

Make sure references aren't torpedoing your job chances

Private Sector Bias Charges Hit All-Time High

Job bias claims in U.S. at record level

United Insurance Company of America Pays $37,500 To Resolve EEOC Disability Discrimination Lawsuit

Your Résumé vs. Oblivion

How to identify sexual harassment and stop it

Am I Legally Required to Give Bereavement Leave?

Talking politics in the workplace: Freedom of speech or off-limits?

With New Law, Profits Take a Back Seat

Set aside anger after workplace accusation

Bad Bosses: The Psycho-Path To Success?

Some employers find those with autism especially suited for jobs

Dealing with nepotism in the workplace

Rafael's Italian Restaurant Settles EEOC Sexual Harassment Suit

Unions Try to Boost Image in New Ads

Supreme Court lets tipped employees sue for more pay

Employers' tracking of workers raises privacy concerns

Woman Fired for Working on Lunch Hour Wins Unemployment Benefits Appeal

How to Lower Your Workplace Stress

Reading this? You can be an executive documentation comprehension evangelist

How To Talk To Your Boss And Fix Your Job

Texas Supreme Court ponders age bias lawsuit

Editorial:Rights in the Workplace

Age Discrimination Takes Its Toll

Lawsuit: Bias against 'fat, black or ugly' at Panera franchisee

Out in the Workplace? Some U.S. Industries Are Setting an Example

Pepsi to Pay $3.13 Million and Made Major Policy Changes to Resolve EEOC Finding of Nationwide Hiring Discrimination Against African Americans

Religious Groups Greet Ruling With Satisfaction

Former NLRB Member Strikes Back at Romney's 'Union Stooges' Remark

Matrix L.L.C. Will Pay $450,000 to Settle EEOC Race Discrimination and Retaliation Lawsuit

Lawsuit Pits Political Activism Against Campus Diversity

Where can a federal employee find recourse?

Bill would prohibit discrimination against unemployed in hiring

The workforce of the future: Older and healthier

Hear the Lonesome Whistle Blow: Workplace Retaliation

Workplaces ban not only smoking, but smokers themselves

Strategies to Cope with Workplace Abuse are Often Ineffective

Your Problem Isn't Motivation

Not Office Safe: Ten Products To Keep Out of the Workplace

Breast-feeding at work now protected by law

Supercharging Productivity Through Workforce Innovation

Breast-feeding at work now protected by law

Workplace Rudeness Has a Ripple Effect

Employers -- prepare for these tax hikes in 2012

Job experts' resolutions for the workplace

Men grab most new jobs, even 'women's work' in retailing

Raising The Minimum Wage: Who Does It Help?

Incorporating happiness into the workplace

How to handle the former workplace enemy, again

The NLRB's stacked deck

Job Seekers, Be Creative and Flexible

We Don't Really Pay Them To Tweet All Day, Do We?

Man claims he was fired to make room for 'hot chicks'

Keeping Boomers Fit for Work

Payroll tax bill: Impasse angers workers who could lose $20 a week or more

Millennials to business: Social responsibility isn't optional

DOL Wins Argument that Federal Law Doesn't Displace Stricter State and Local Safety Requirements

Labor Board Adopts Rules to Speed Unionization Votes

Court sets high bar for employers in discrimination case

Unions Win More Freedom to Organize in Workplace

What Millennials want from the workplace

Board adopts amendments to election case procedures

Workplace Law: Judgment entered in sex discrimination case

The New NLRB Controversy

The Coming War for the Social Workplace

Working Through the Holidays, Sort Of

A holiday wish list for the workplace

Prepping for Your Annual Review

Jim Robinson Ford-Lincoln-Mercury to Pay $56,000 to Settle EEOC Disability Lawsuit

Former N.B.A. Employee Says Sexual Harassment Concerns Were Ignored

Disability-Benefits System Faces Review

Wage Protection for Home Care Workers

Senate to take up payroll tax plan opposed by Obama

Three Types of People to Hire Today

When Are Partners Really Employees?

Woman who underwent sex change wins workplace discrimination claim

Lawyer Accused of Seeking Secretary with 'Benefits' Gets One-Year Suspension

Would You Rat Out Your Boss? Majority of Americans Say Yes - For a Price

Dr. Pepper to pay over discrimination claims in LA

Dealing with depression difficult in workplace

No Vacation or Bonus? Workers Say OK

Religious Discrimination: Right To or Protection From?

Police dispatcher's Facebook postings lands her in jai

Moving From Combat to Compassion in the Workplace

Does Boeing settlement mean NLRB's actions were for naught?

For Angry Employees, Legal Cover for Rants

Job Seekers: Get HR on Your Side

20 workplace truisms for up-and-comers

Obama Takes Aim At Contractors Who Discriminate

Topic of the Week more

The Devil Inside

Bullies with nothing to show for their efforts, a dream come true in the workplace. But it is going to take each and every one of us being ready to stick our necks out when we see people trying to take advantage of one another. read more

BLOGS: Today’s Workplacemore

The State Department has barred Council for Educational Travel USA from facilitating J-1 guest worker visas after several guest workers were deprive pay at a Hershey's warehouse facility last summer. This is a significant achievement for labor advocates who view certain industries' push for guest workers as a way to pay much lower or pay no wages to their employees. read more

Katherine Lazarow

Catholic Teacher Fired for Having a Baby

February 2, 2012 | Katherine Lazarow

In October 2010, shortly after Ms. Dias asked for maternity leave, she was fired from both schools for breaching her employment contracts. Her violation? Well, it's confusing. Ms. Dias alleges that the schools first informed her she was being dismissed "for becoming pregnant outside of marriage," but upon realizing that this might violate federal and state anti-discrimination laws, the schools quickly changed their tune. They now claim that they fired her for having undergone artificial insemination, which the Church views as a grave immoral act, and, they say, is in direct violation of her employment agreements, which require employees to "comply with and act consistently in accordance with the stated philosophy and teachings of the Roman Catholic Church," part 1F. read more

Despite Governor Walker's pledge to preside over the creation of 250,000 jobs by 2015, Wisconsin has lost jobs for the past six months as the rest of the country has added them, and job losses have totaled more than 35,000 since he signed his highly controversial state budget last June.But there is a more specific economic (and social) crisis facing Milwaukee: Just 44.7 percent of African-American males are still part of the workforce, reflecting the long-term decimation and relocation of the city's industrial based and the lingering effects of the Great Recession. read more

Linda Meric

Sexual Harassment is Illegal: Know Your Rights

January 31, 2012 | Linda Meric

If you experience sexual harassment on the job, remember that you're not alone. Trust your instincts, and don't blame yourself. Be assertive and say no clearly. Document every incident in detail. Look for witnesses and other evidence from co-workers or former employees. Research your employer's and your union's channels for reporting sexual harassment, and use them. As Serra's staff found out, addressing sexual harassment in the workplace is difficult, so seek emotional support. If all else fails, take legal action. read more

The three year anniversary of the Lily Ledbetter Fair Pay Act was just yesterday- the first piece of legislation signed by President Obama. While aiming to expand the legal remedies available to men and women suffering from discrepancies in pay level due to their sex, the reality is there is still a major disparity between women's income and men's.This wage gap can accumulate to up to almost one million dollars over the course a 40-year career. read more

A new study reveals many Americans are making less money and earning fewer wages in comparison to workers in other countries. The worry is that large stratifications in socio-economic status will invariably cause social inequalities. read more

In the Courts more

Munoz v. Sociedad Espanola de Auxilio Mutuo y Beneficiancia de Puerto Rico

First Circuit; No. 08-1887 Decision Date: January 26, 2012

In a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA) and Puerto Rico's general tort statute known as Article 1802, in which the jury found for the plaintiff, the district court's denial of the defendant's motion for judgment as a matter of law and motion for a new trial is affirmed, where: 1) the evidence presented at trial was enough to support the jury's finding of retaliation; 2) the appellants waived defenses based on the statute of limitations, the exclusive remedies bar, and a purportedly erroneous jury instruction; 3) the evidence was sufficient for a reasonable jury to find the requisite fault or negligence to sustain an Article 1802 claim; and 4) the awards of damages and attorney fees were proper. Read more... read more

Joaquin v. City of Los Angeles

California Supreme Court; B226685 Decision Date: January 23, 2012

In a Fair Employment and Housing Act suit alleging that the plaintiff's termination was in retaliation for filing a sexual harassment complaint against a coworker, judgment in favor of the plaintiff is reversed, where the plaintiff did not present substantial evidence that his termination was motivated by retaliatory animus. Read more... read more

Bullock v. Napolitano

Fourth Circuit; No.10-1222 Decision Date: January 23, 2012

In racial discrimination action against the Secretary of the U.S. Department of Homeland Security under Title VII of the Civil Rights Act of 1964, originally filed in a North Carolina state court and removed to federal court, the district court's grant of a motion to dismiss is affirmed, where: 1) the state court lacked subject matter jurisdiction because the United States and the Secretary of Homeland Security did not consent to be sued in a North Carolina state court under Title VII; and 2) removal to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect. Read more... read more

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