Discrimination -- Administrative Remedies

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    Discrimination, for the purposes of employment law, is any workplace action such as hiring, firing, demoting, and promoting based on a prejudice of some kind that results in the unlawful treatment of protected classes. With some notable exceptions, such as affirmative action, discrimination is strictly prohibited by a myriad of federal laws....

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    As most employers already know (much to your dismay), employees who feel they've been discriminated against can file a charge with the Delaware Department of Labor (DDOL). The DDOL then investigates and issues a finding about whether it believes the claim might have some merit. Not until that finding is issued can the employee file...
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    Addressing the issue in the context of the ADEA for the first time, the Tenth Circuit has affirmed that an employee must cooperate with the Equal Employment Opportunity Commission (EEOC) during its investigation of his discrimination charge before he can file suit against his employer. RIF'd employee snubs EEOC...
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    Employment handbooks or personnel manuals aren't just a useful source of information for employees. If carefully drafted, they can help protect your business from potential liability. While handbooks should be specifically tailored to your business, the following is a list of items that should be addressed. Employment at...
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    Despite some harsh criticism, the Equal Employment Opportunity Commission's (EEOC) plan for restructuring itself passed by a 3-1 vote in early July. Changes designed to strengthen the agency's enforcement efforts are expected to begin in October. The final phase of the EEOC reorganization remains unknown. Let's take a look at what...
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    It's an unfortunate fact of life that at one point or another the vast majority of Indiana employers will be the target of an Equal Employment Opportunity Commission (EEOC) charge by an employee or former employee. Many employers, however, don't understand the EEOC's procedures or even why responding to an EEOC charge is important...
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    The Eighth Circuit recently dismissed an employee's age discrimination claim because he had failed to exhaust his administrative remedies. The court reached that decision because the employee raised numerous allegations of age discrimination at trial that weren't previously described in his administrative charge with the Equal...
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    The Wisconsin Labor and Industry Review Commission (LIRC) decides appeals by employers and employees of administrative law judge (ALJ) rulings in a number of areas, including unemployment compensation, worker's compensation, and employment discrimination. The summaries below focus on the LIRC's review of decisions by the Wisconsin...
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    EEOC places priority on mediation program The EEOC has placed a priority on its mediation and conciliation program this year. Since April 1999, the agency has mediated 52,400 charges, about 69 percent of which were successfully resolved in an average of 85 days. During the last fiscal year, the Milwaukee district, which...
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    How often has your euphoria over successfully opposing a federal employment law action been diminished by the legal costs of defending against the government's claim or investigation? When you should be celebrating a legal victory, have you ever thought: "Why am I celebrating? Even when we win, we lose because of the costs and...
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