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Supreme Court Affirms Whistleblower Protections

By Tremain Artaza PLLC |

This morning, the Supreme Court released its opinion in Department of Homeland Security v. MacLean (Case No. 13-894). The facts of the case were quite simple: Robert J. MacLean was an air marshall with the TSA. In July 2003, the TSA briefed all federal air marshals—including MacLean—about a potential plot to hijack passenger flights…. Read More »

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Texas Bill Targets Gender Identity, Sexual Orientation Bias

By Tremain Artaza PLLC |

A Texas representative this week introduced a proposal that would ban discrimination by state contractors on the basis of sexual orientation or gender identity, the latest of a handful of bills seeking to expand equal rights protections. H.B. 582, filed Monday by Rep. Chris Turner, D-Grand Prairie, would prohibit contractors hired by any state… Read More »

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Man and The Family and Medical Leave Act FMLA law.

No “Magic Words” Needed to Trigger FMLA

By Tremain Artaza PLLC |

When an employee requests leave, the employer’s responsibilities under the Family & Medical Leave Act (“FMLA”) are triggered if it has “knowledge that an employee’s leave may be for an FMLA-qualifying reason.” 29 CFR 825.300(b)(1). Once it has that information, it must provide the employee with an FMLA Eligibility Notice within five business days…. Read More »

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When are Your Coworkers “Similarly Situated” to You?

By Tremain Artaza PLLC |

Employees commonly rest their discrimination cases on a showing that “similarly situated” coworkers were treated more favorably. For example: an employee with an age discrimination claim might argue that he was disciplined for being late, while his younger coworkers were not. That fact doesn’t matter in court, however, unless he can show that the… Read More »

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Saks Fifth Avenue Says Trans Identity Is Not Protected

By Tremain Artaza PLLC |

Leyth Jamal, a transgender female, filed a federal lawsuit against Saks Fifth Avenue, claiming she was exposed to a hostile work environment when she was employed there. On December 29, 2014, Saks filed a motion to dismiss the case, arguing that trans identity is not protected under the law. The Department of Justice has… Read More »

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San Francisco 49ers Sued for Age Discrimination

By Tremain Artaza PLLC |

Former 49ers managers Anthony Lozano and Keith Yanagi were fired when they were both in their late 50s. According to the complaint, the 49ers let go a number of senior managers in 2011 and 2012 to make room for younger employees from Silicon Valley. The fired employees are now suing the team, alleging age… Read More »

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California Rejects a Restrictive Employment Contract

By Tremain Artaza PLLC |

Robert Half, a well-known staffing company, had an unusually aggressive contract clause to restrict its departed employees. Specifically, paragraph 13 of Robert Half’s employment contract said: “After termination of Employee’s employment with Employer, Employee shall not indicate on any stationary, business card, advertising, solicitation or other business materials that Employee is or was formerly… Read More »

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Courts Weigh-In on Gender Differences in Salary Negotiation

By Tremain Artaza PLLC |

Research shows that women are more reticent than men to negotiate their salary offers. One study of graduating MBA students found that half of the men had negotiated their job offers as compared to only one eighth of the women. This pattern has also been observed in survey studies of working adults. Researchers have… Read More »

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