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Despite violating numerous workplace behavior policies, flight attendant wins initial day in court

A recent jury verdict against Southwest Airlines and Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media and the...more

COVID-19 and WARNings to employees about layoffs and closures

In 2020, companies nationwide claimed that the global pandemic excused them from giving notice to employees of layoffs under the Worker Adjustment and Retraining Notification Act (WARN). WARN requires employers of a...more

Sexual rumors as actionable harassment

Title VII of the Civil Rights Act of 1964 does not prohibit all harassing conduct. Rather, the harassing conduct must be “because of” sex. A recent decision by a federal appeals court provides employers with an opportunity to...more

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

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