Category: BLOG

In Minnesota, Is Workplace Bullying Against the Law?
Minnesota workers are protected under employment law from discrimination at work on the basis of their gender, race, age, disability or religion. But, what happens when the perpetrator is an equal opportunity offender? A recent news story examines this new trend in the workplace – bullying. This behavior consists of supervisors hassling their subordinates byway of poor …
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EEOC LACKS PROOF OF RACIAL DISCRIMINATION IN HIRING, COURT SAYS
A federal judge dismissed a racial discrimination lawsuit brought by the Equal Employment Opportunity Commission alleging that a hiring policy by test preparation company Kaplan discriminated against African American applicants. The test preparation company reviewed the credit history of job applicants and declined to hire those with imperfect credit histories. The Equal Employment Opportunity Commission …
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Minnesota’s Connect 700 Program: Aiming to Increase Representation of Workers With Disabilities
In 2014, a Minnesota demographic survey conducted on State employees showed that less than 4% self-identified as having a disability. When compared to the presence of employees with a disability statewide and nationwide, 7.9% and 10.5% respectively, it was evident that the State’s workforce did not reflect the diversity of Minnesota’s population of individuals with …

International Women’s Day – A Call for Change!
International Women’s Day, celebrated on March 8th, is a time to reflect on the progress made for women over the last 100 years and celebrate their courageous acts throughout history.[1] It is also a time to call for continued change. The Continued Uneven Playing Field Despite the movement to propel women’s opportunities, corporate America continues …
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Can the Government Direct a Whistleblower to Secretly Record Conversations with a Fraudster Represented by an Attorney?
The public-private partnership envisioned by the qui tam provisions of the False Claims Act (FCA) is one of its most successful and powerful aspects, yielding billions of dollars in recoveries. The FCA permits the Government, the whistleblower, and their attorneys to cooperate—and they often do—when investigating and litigating FCA claims. But are there limits to …

House of Representatives Passes Legislation Protecting Older Workers Against Discrimination
Older workers are one significant step closer to enjoying the same federal protections as other protected classes after the U.S. House of Representatives passed the Protecting Older Workers Against Discrimination Act (“POWADA”) on January 15, 2020. The Bill, if enacted, would amend the standard for employees alleging discrimination under the Age Discrimination in Employment Act, …

DISCRIMINATION CAN MAKE JOB-HUNTING IN MINNESOTA IMPOSSIBLE
Applying for a job can be the ultimate test of one’s confidence, especially in light of a new study which found that employment interviews are more often given to candidates with current jobs or who were recently laid off, as opposed to those candidates who had been unemployed more than 26 weeks. In fact, many …
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First Circuit Issues Important Decision Clarifying the False Claims Act’s “Original Source” Standard
One of the first and most frequent arguments defendants make in fighting qui tam allegations under the False Claims Act (FCA) is that the case brought by the whistleblower, or “relator,” is not viable because it is based on publicly available information, the relator is not an “original source” of that information, or both. On …

Did You Know? Minnesota Law Protects Parents Who Take Time Off Work to Attend Their Child’s School Activities
We often write about the more common protections for employees in Minnesota, such as protections against discrimination, sexual harassment, retaliation for reporting law violations (i.e. whistle blowers), and protections for employees who take medical leave. But, did you know that Minnesota also provides lesser-known protections to employees? For example, Minnesota law allows employees to take …

Employee’s Rights When Summoned For Jury Duty
What rights does an employee have when jury duty calls? This is a common question many Minnesotan employees have as they followed the media’s coverage of the high-profile case of Mohamed Noor, a police officer on trial for shooting Justine Ruszczyk (Damond) after she reported a crime being committed near her home. The trial started …
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