The EEOC has delineated the risk of liability for retaliation when an employer takes action against a worker who complains of discrimination or harassment
Article Abstract:
The Equal Employment Opportunity Commission (EEOC) has explained in its 1998 'Compliance Manual' when an employer is guilty of retaliation for taking action against an employee complaining of discrimination, suggesting that the agency views protections against retaliation broadly. The laws can protect an employee's opposition to discrimination so long as the employee acted in the 'reasonable and good-faith belief' that the practice was discrimination. Ways employers have for protecting themselves against retaliation claims are listed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Age discrimination coverage has limits
Article Abstract:
The Age Discrimination in Employment Act (ADEA) gives employers numerous exemptions to the rule that they disregard peoples' age in making employment decisions. The ADEA has a vague definition of 'employee,' moreover, churches and small businesses are exempt from its requirements. Some political appointees and politicians' personal staffs are also excluded. Age discrimination is also permissible when age is a 'bona fide occupational qualification.' The courts have often considered ADEA cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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The self-critical analysis privilege has been recognized as federal common law in Title VII and other cases in order to promote the perceived public interest
Article Abstract:
An employer should be aware of the applicability of the self-critical analysis privilege to any project or self-evaluative report performed by the company. The privilege was upheld in two federal cases from the 1970s, Bredice v. Doctors Hospital and Banks v. Lockheed-Georgia Co., but has since then come under attack. All steps should be taken to maintain a report's confidentiality and the report's intentions should be made clear in writing.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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- Abstracts: Bending the rules: flexible regulation and constraints on agency discretion. Executive Branch legal interpretation: a perspective from the Office of Legal Counsel
- Abstracts: Courts consider COBRA claims involving insurer liability and whether improper notice extends election and continuation periods
- Abstracts: That control thing; employment status of worker defines tax obligations. Crunch time; last-minute tax planning can still pay off in 1992
- Abstracts: RTC runs into historic roadblock on seizure; preservationists use agency interest to force halt of property sale
- Abstracts: Benefits practitioners take warning: contributions of unused vacation pay to employee benefit plans raise complex issues