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Employment Law

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FMLA and ADA

A recent Tenth Circuit Court of Appeals case analyzes claims brought under the FMLA and ADA.  The case, Smothers v. Solvay Chemicals, Inc., issued on Tuesday, January 21, 2014, involved…

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Medical Marijuana

An employee that uses medical marijuana can be lawfully terminated if the employee’s marijuana use violates the employer’s drug-free workplace policy. In Curry v. MillerCoors, Inc., the Court rejected the…

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Proving Pretext

Proving pretext means offering evidence that the defendant’s proffered reason taking the adverse employment action is false. In other words, the employer’s proffered reason is a phony one to cover…

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Lawful Activities Statute

Colorado’s lawful activities statute reflects a legislative attempt to balance an employee’s right to engage in lawful activity away from work with an employer’s legitimate business interests and needs. To…

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Proving Discrimination

Proving discrimination is difficult. Courts require a plaintiff to come forward with strong evidence of discriminatory intent to even get to a jury trial. Many cases are dismissed by the…

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Sexual Harrassment

Notice of sexual harassment must be provided to the employer in order to bring a claim with rare exception.  The 10th Circuit recently addressed the issue of whether notice was…

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Second-Generation Sexism

Second-generation sexism or gender bias is term that has been coined to describe the current phenomena of sexism.  Studies show that sexism is prevalent in the workplace but it usually…

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Pregancy Discrimination Act

Employment discrimination on the basis of pregnancy, childbirth, or related medical conditions is prohibited by federal law (Title VII), which applies to employers with 15 or more employees. Even if…

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The Employment Non-Discrimination Act

The Employment Non-Discrimination Act, a Senate bill that passed With a vote of 61-30, would prohibit workplace discrimination on the basis of sexual orientation and gender identity. On November 7,…

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SEPARATION AND RELEASE AGREEMENTS

What is a Separation and Release Agreement? A separation and release agreement (“separation agreement”) is a contract frequently given to employees as part of a severance package.  Usually the employer…

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