Obama Administration Deals Blow to Mandatory Arbitration

Arbitration, an out-of-court form of dispute resolution, has rapidly become the go-to tool for employers attempting to avoid litigation for workplace legal disputes. Arbitration forces employees to waive their rights to bring legal action against their employers, and agree to be bound by the decision of, typically, a single arbitrator. These agreements are often presented…

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EEOC Updates Pregnancy Discrimination Guidelines

Earlier this week the Equal Employment Opportunity Commission issued its first set of guidelines related to pregnancy discrimination in 30 years. While these guidelines do not carry the full effect and force of law, they do have the potential to persuade courts in broadening the scope of pregnancy discrimination analyses. From the EEOC press release:…

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National Origin Discrimination Still Alive and Well

One aspect of Title VII of the Civil Rights Act of 1964 that doesn’t often receive that much attention is discrimination based on a person’s national origin. As you could probably guess from the term “national origin,” this particular subset of discrimination involves the unfavorable treatment of a person because they hail from a certain…

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Workplace Bullying: What Protections Do You Have?

The term bullying has been used commonly for decades now, but recently, has taken on new life in our nation’s social dialogue. While in the past, bullying was looked upon by many as some sort of rite-of-passage for our youth, the cold reality of bullying’s effects on our society is now coming to light. Every…

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TALES FROM THE WORKPLACE: SEXUAL HARASSMENT EXPOSED, PT. 5

Today’s entry in our continuing series on workplace harassment comes from the case of Slone v. Toyota Motor Mfg., 2005 Ky. App. Unpub. LEXIS 560. This case deals with a woman who reported the harassment she was experiencing on multiple occasions to her supervisor, who in turn did nothing to stop the harassment from recurring….

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TALES FROM THE WORKPLACE: SEXUAL HARASSMENT EXPOSED, Pt. 4

This week, we’re examining the story of Sandra Fuller, taken from the case Custom Tool & Manufacturing Co. v. Fuller. The allegations that were presented in that case are as follows: Sandra Fuller began working for Custom Tool & Manufacturing Company as a quality control employee, inspecting wire harnesses for defects in their manufacturing. In…

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Tales from the Workplace: Sexual Harassment Exposed, Pt. 3

Continuing on in our series discussing real-world scenarios of sexual harassment, today we’ll be examining a case involving what is known as “quid pro quo” sexual harassment. In our previous articles, the stories we’ve highlighted have involved hostile work environments, in which an employee is subjected to sexual comments and inappropriate touching or groping. Quid…

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TALES FROM THE WORKPLACE: SEXUAL HARASSMENT EXPOSED, PT. 2

THE CASE OF CROUCH V. RIFLE COAL CO., LLC Last week we began a series of articles that will provide you with real world examples of sexual harassment occurring in the workplace. In our last article, we discussed the case of West v. Tyson Foods, Inc., in which a woman experienced cat-calls, whistling, and inappropriate…

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TALES FROM THE WORKPLACE: SEXUAL HARASSMENT EXPOSED, Pt. 1

Here at Abney Law Office, we receive a large volume of calls from clients with questions about sexual harassment – what is sexual harassment? Is this situation a hostile work environment? What can I do about it? We’ve written about these topics before, and have detailed the laws surrounding sexual harassment claims. But the best…

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Wrongful termination in violation of public policy is illegal in Kentucky.

CAN I BE FIRED FOR REPORTING SEXUAL HARASSMENT?

Under both federal and Kentucky law, sexual harassment is considered an unlawful activity. Employers are not only prohibited from engaging in sexual harassment, but are also required to put a stop to, and remedy, any sexual harassment that they become aware of. Because of this affirmative duty, it is almost always in an employee’s best…

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