| Certifying a Title VII Class Action |
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| Employers are forbidden by Title VII of the Civil Rights Act of 1964 to discriminate against employees and applicants on the basis of their sex, race, color, religion, or national origin. Employees or applicants who suffer adverse employment actions like being fired, turned down for a job, or demoted for one of these reasons may bring a civil action against their employer in federal court. More... |
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| Collective Bargaining -- Subcontracting |
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| Subcontracting is the process of arranging with another firm to make goods or perform services which could be performed by bargaining unit employees with the company's facilities. There are a number of means by which parties deal with the subcontract issue in the collective bargaining agreement. Four general categories of clauses have been identified. The first, and that placing the least limitation on management's prerogatives, would be the following:More... |
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| Constructive Discharge |
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| Although in most states, at-will employees--those who work without an employment contract or collective bargaining agreement--can be fired by an employer for the slightest reason or in fact no reason at all, there are certain circumstances under which the termination of an at-will employee may be found to be wrongful under the law. One example of wrongful termination is a retaliatory firing after an employee reports an employer for a violation of state or federal law. Another type of wrongful termination is called constructive discharge. Constructive discharge occurs when an employer makes an employee's work conditions so intolerable that any reasonable employee in that situation would have no choice to quit and the employee does in fact resign his position. More... |
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| What is a Disability under the Americans with Disabilities Act of 1990? |
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| Congress passed the Americans with Disabilities Act of 1990 to protect persons with physical or mental disabilities from discrimination. Under the Act, a person is "disabled" if he or she has a ''a physical or mental impairment that substantially limits one or more major life activities.'' Although several other requirements must be met before a disabled employee is protected under the Act, the establishment of a disability is the first step.More... |
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| Hot Cargo Agreements under the National Labor Relations Act |
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| In 1935, Congress passed the National Labor Relations Act (NLRA) to encourage collective bargaining and to strengthen the rights of workers. Hot cargo agreements, also known as "hot goods" agreements, are agreements between employers and labor unions. More... |
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