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August 2018 Archives

Lawsuits To Test Whether Age-Based Recruitment Violates The ADEA

Can employers legally limit the ages of job prospects by recruiting only on college campuses? Can they cap the years of experience applicants are allowed to have? Can they set up social media recruitment campaigns that exclude older people? Or would taking active steps to minimize a job's visibility to workers over 40 violate the Age Discrimination in Employment Act (ADEA)?

Proposed SEC Whistleblower Rule And Your Company's Compliance

The Securities and Exchange Commission recently proposed a change to how it rewards private citizens who blow the whistle on securities violations under the Dodd-Frank Act. Under the proposal, the commission would have the discretion to increase some whistleblower awards beyond the 30-percent statutory maximum, up to $2 million. It would pay for this by discretionarily reducing some of the larger awards.

In Most Complaints, The Goal Is Ending The Sexual Harassment

Thatcher logo.jpgThe #MeToo movement has arguably brought down scores of men who have been credibly accused of sexual harassment or misconduct, along with colleagues and executives who had looked the other way in the past. That may give the impression that the goal of filing a sexual harassment complaint is to get the harasser fired. In many or even most cases, that is not true.

Do Employees Have Workplace Speech Protections?

When we think about speech protections, we often think of the First Amendment to the U.S. Constitution. The First Amendment only prohibits governmental actors from abridging freedom of speech, so it doesn't apply to private actors such as non-government employers. (The First Amendment does apply to government employers.)

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