FITZGERALD LAW — EMPLOYMENT LAW BLOG
Equal Pay: Substantially equal ≠ identical
Every pay discrimination case involves determining whether the jobs being compared are substantially equal. The Ninth Circuit Court of Appeals recently reminded everyone that when it comes to determining equal pay, jobs could be substantially equal without being...
Health Insurance: Help has arrived.
The loss of health insurance benefits is one of the worst things about losing a job. Families often worry about how they will afford necessary medical treatment and pay for expensive prescription medications. This worry compounds the fears caused by the job loss. Help...
Religious Discrimination in North Texas
The EEOC recently obtained a judgment and injunctive relief against a North Texas healthcare provider for religious discrimination and retaliation. The facts are troubling. The owner of the healthcare practice was Christian. However, some of employees were not. And...
But Your Husband Has A Job…
For decades, companies paid female employees less because "her husband has a job" or because a male coworker "has a family to support." Finally, a court called this pay practice what it is: blatant discrimination. In Kellogg v. Ball State University d/b/a Indiana...
Racial Slurs in the Workplace
Discrimination takes many forms. One form is a hostile work environment created when an employee is subjected to racial slurs and a racially intimidating, hostile, or offensive working environment because of the employee’s protected characteristic –such as race, sex,...
Equal Pay: It is Fundamental
The importance of equal pay just got a shout out in a recent Fifth Circuit case. The money quote is: “Equality of opportunity is fundamental to who we are, and to who we aspire to be, as a nation. Our commitment to this ideal is deeply engrained in our Constitution...
The COVID-19 Vaccines
With the first vaccines approved to fight the COVID-19 virus, many ask if an employer can require a COVID-19 vaccination as a condition of employment. The answer is complicated. The first place to look for an answer to this question is the EEOC’s COVID-19 Technical...
Goals Gone Bad
Most people are ready to see the end of 2020 and are actively looking forward to the new year. As with any new year, many people will be setting personal and business goals for 2021. I am a firm believer in the importance of setting goals. Many companies also...
Check Yourself
This is a strange year. Normally, I’d be writing a blog that outlines the perils of the office holiday party. Not this year. It is safe to say that the office holiday party will not take place in 2020. But what will replace it? Zoom holiday parties. Normally, for a...