Category: EMPLOYMENT
WAGE GAP PERSISTENT DESPITE OTHER GAINS FOR WOMEN
There has been a lot of buzz over the past few years about the surprising economic gains for women during the recession. Women have been pursuing advanced education at a higher rate than men, and have a lower unemployment rate than men. In fact, 680,300 more women are working now than over a previous three-year …
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Are Facebook “Likes” Protected Under the First Amendment?
Employees are protected from termination in retaliation of speech protected under the First Amendment. Particularly in the case of government employees working for elected officials, this is can be a complex issue. Add to this the issue of free speech online and on social media sites, and which conduct is protected under the First Amendment …
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SOCIAL MEDIA MIGHT TEMPT EMPLOYMENT DISCRIMINATION
In recent posts, we’ve discussed the legal privacy issues to which a pregnant Minnesota worker or job applicant is entitled. Yet a recent article questions whether social media might encourage inadvertent disclosure. As a preliminary matter, prospective employers freely admit to using some online resources, such as LinkedIn and Google, to research job candidates. Whereas …
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The #MeToo Phenomenon and What it Means for Workplace Sexual Harassment Claims
Several months ago the New York Times published an article on why the #MeToo phenomenon has become one of the most important movements in the employment law arena.1 Journalist Susan Chira explained the results of a national online survey reporting that an astounding 81% of women and 43% of men had experienced some form of …
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Stop Sexual Abuse in Immigration Detention Centers Now
Immigration has long been a contentious subject, and we now see media reports nearly every day telling us that the United States has an immigration “problem.” Indeed we do, but it is one that most people never hear about; specifically the physical and sexual harassment, abuse, assaults and rapes perpetrated against the women, men, and …
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Have I Been Wrongfully Terminated?
Minnesota is known as an employment “at-will” state. This means that an employer can terminate an employee for any reason, or no reason at all. This “at-will” doctrine gives employers considerable discretion, and allows them to terminate an employee for what may seem like unreasonable and irrational reasons. For example, let’s say your employer terminates …
The Case Against Arbitration Clauses – How the Recent Revocation of CFPB’s Rule Harms Consumers
On November 22, 2017, the Consumer Financial Protection Bureau (CFPB) officially nullified its rule prohibiting financial institutions from inserting mandatory arbitration clauses in contracts with consumers.[1] This revocation comes after President Trump’s signature of the joint congressional resolution to do away with the CFPB rule aimed at restoring consumers’ ability to bring class-action lawsuits, as …
Is Your Country of Origin a Bad Word at Work?
On January 11, it was reported that President Donald Trump, during a meeting with a bipartisan group of senators at the White House, where he rejected a bipartisan deal on a program affecting immigration to the United States, referred to Haiti and African nations as “shithole countries” and reportedly went on to state that the …
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Sexual Harassment: Unequal Power. Unequal Pain.
I vividly remember about a year ago when the sex tape of Donald Trump was released and the world began discussing whether or not the conduct was sufficiently egregious to sink his run for the presidency.The news media covered the story for weeks, with journalists and pundits opining on the propriety of the underlying conduct- …
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Discrimination Plaintiffs Ordered to Hand Over Facebook Passwords
A judge recently ordered a class of plaintiffs in a discrimination, retaliation, and sexual harassment case to hand over their Facebook and other social media passwords, as well as their cellphones. The court will gather and review their correspondence and submit relevant communications into evidence for the case. The plaintiffs still have an opportunity to …
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