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Discrimination
- TITLE: Lilly Ledbetter Fair Pay Act of 2009 is enacted, fixing damage done by a 2007 Supreme Court decision
Lilly Ledbetter Fair Pay Act of 2009 signed into law 1-29-09
Below I have reproduced the entire Act. But you might want to read the Act on the Library of Congress site here: (S. 181 ENR) Lilly Ledbetter Fair Pay Act of 2009.
Here is a brief summary of why the LLFPA was enacted:
The LLFPA was enacted […]
- TITLE: ADA Amendment Act of 2008 signed into law - This is a big deal folks
ADA employment provisions semi-fixed!!! On 9/25/08 President Bush signed S. 3406, The ADA Amendment Act of 2008
The 2008 Amendments to the ADA are effective January 1, 2009. Here are some links to more info:
Read the news report of the passage of Senate 3406. This report has a photo of President Bush signing the bill, […]
- TITLE: BJC Mandatory Flu Shots
The BJC health system is mandating flu shots, and I am getting calls and emails about it. Here are my quick and dirty thoughts —-
I am sorry to have to say the following:
Assuming that BJC’s order for flu shots applies to everyone under its control, or at least to large groups rather then selected individuals, […]
- TITLE: Whistleblower protections are part of new Consumer Product Safety law
Whistleblowers: On August 1, 2008, Congress sent President Bush a Consumer Product Safety bill with new whistleblower protections
I will write more about this bill later, H.R. 4040 (passed by both the House and Senate).
The law works kind of similar to the EEOC laws (discrimination laws), but the right to sue is not automatically granted.
The […]
- TITLE: Pro-Employee US Supreme Court cases about retaliation issued on May 27, 2008
US Supreme Court issued two nice Retaliation-related decisions on May 27, 2008
Here’s a quick summary of these two important pro-employee retaliation-related cases, along with links to the cases:
Oh, by the way, Here’s my general article about “retaliation”, to help you appreciate how important that subject is.
In Gomez-Perez v. Potter, the Court decided, once and for […]
- TITLE: 2008 Missouri legislature would weaken employee rights in SB 1046 and HB 1858
Missouri Legislature is trying to weaken Employees’ legal rights in 2008
Two bills are being considered which threaten Employees’ rights, SB 1046 and HB 1858
The two bills are designed to make it more difficult for employees to win cases.
SB 1046 would weaken our whistleblower protections. In one part, it would take the “Exclusivity” standard of proof […]
- TITLE: Sexual Harassment Law - Generally
SEXUAL HARASSMENT
Your protections against sexual harassment, and your remedies, are different depending on whether the employer is big enough to be covered by the Discrimination laws (that means 6 employees under Missouri’s laws and 15 employees under the Federal laws).
Please also see my article called Hostile Work Environment. That article also covers some issues regarding […]
- TITLE: Hostile Work Environment - Generally
HOSTILE WORK ENVIRONMENT
Introduction to Hostile Work Environment Law
There is no law that mandates that the employer be courteous and decent. But there are laws that forbid certain kinds of mistreatment under certain circumstances.
The employer’s “hostile” conduct toward you can be relevant and useful in court if you find yourself in a legal dispute on some […]
- TITLE: Workers Comp Retaliation Law in Missouri
Missouri Workers Comp Retaliation
Discrimination for exercising a Workers Compensation Right, AND
The problem of “exclusive causal connection” or “exclusive cause”
This article focuses on the special problems associated with Workers Comp Retaliation cases in Missouri. Some of the info in this article originally appeared in my more general Retaliation article, but I thought it best to separate […]
- TITLE: Wrongful Termination - Generally
Important aspects of the law of Wrongful Termination in Missouri, including info about Retaliation, Discrimination, and Public Policy Discharge. Yes, in an “at-Will” state some terminations are indeed legally wrongful.
- TITLE: Timeline of discrimination cases in the Federal System
Timelines for normal and expedited Discrimination lawsuits in the Federal Courts
The timelines presented below are realistic for discrimination cases where an EEOC charge has to occur before a lawsuit gets filed. The timelines assume that the case will be heard in the Federal Courts, because that’s where most discrimination cases get heard in Missouri.
Persons with […]
- TITLE: RETALIATION - GENERALLY
Retaliation
Being retaliated against for “Protected Activity”, including retaliation for making complaints
2/10/2010 —– UPDATE is coming due to new MO Supreme Court Cases — See this quick and dirty summary Margiotti - Pepose - Keveney
First a quick caution: Most people I talk to who think they have a good “retaliation” lawsuit do not, in my opinion. […]
- TITLE: Pro-Se litigation - filing a lawsuit without a lawyer
Pro Se filings Filing a lawsuit without a lawyer
Many people find that their discrimination cases need to be filed quickly and they can’t get a lawyer. This is usually because they have a “Right to Sue” letter issued by the EEOC or MCHR that is about to expire. See my Discrimination article for more about […]
- TITLE: Mediation, Mediated Settlement, in employment cases
Mediation of employment cases
Jump to the following parts of this article, and press your Back button to return:
Mediation process generally, how it works
Mediation is where most employment cases settle
EEOC mediation process
Voluntary mediation
Conclusion - a bird in the hand . . .
Hey defense lawyers: Push your clients to mediate - It’s the opinion of the author […]
- TITLE: Harassment - Generally
Harassment
Some legal considerations possibly arising from “Harassment” scenarios. A lot of people call me and declare that they are being “harassed.” The law may or may not be able to help. It all depends …
See also the following articles:
Sexual Harassment
Hostile Work Environment
Constructive Discharge (about being mistreated so that you will quit your job)
Retaliation
Complaining about unfair […]
- TITLE: Discrimination Law in Missouri, Generally
Missouri Employment Discrimination Law
Introduction to the rights of persons who are being discriminated against based on Gender (including Sexual Harassment), Pregnancy, Race (including National Origin), Age, Religion, or Disability, or who are Being Retaliated Against for Making Complaints About Discrimination
See the Outline below for internal links to the various parts of this Article. See the […]
- TITLE: Adverse Employment Actions
Adverse Employment Action
What Acts might be bad enough to justify a claim for damages?
This article will discuss what it means to say “Adverse Employment Action.”
Depending on the stage of your legal problem, and depending on the requirements of the laws involved, your rights are generally strongest if the employer has taken an “Adverse Employment Action” […]
Tim's Missouri Employment Law
is by Attorney Tim Willoughby
Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Website (see the directory of lawyers).
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