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You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. This is what employment discrimination means in legal cases. discrimination. Please refer to the full terms and conditions on our website. The employment tribunal found that this amounted to an act of disability discrimination. An employment tribunal ruled Friday Jan. 10, 2020, that Samira Ahmed who was paid a fraction of the fee received by a male colleague doing a similar job has won a sex-discrimination … Oxford professor forced to retire at 69 wins age discrimination claim. Id. December 08, 2020 : Marcus G. Keegan Appointed as Regional Attorney for EEOC’s Atlanta District Office: December 07, 2020 : Kansas City Nursing Home to Pay $40,000 to Settle EEOC Pay Discrimination Claims: December 02, 2020 : EEOC Launches New Data Tool to Track Employment Trends: December 02, 2020 The company also paid such benefits to retirement-ineligible employees as part of an agreement with machinist and aerospace worker unions in return for the union’s agreement to eliminate a formal unemployment benefits plan. This covers virtually all higher education institutions, based on their students’ receipt of Federal student financial aid, and all public schools. again. Retirement-eligible workers were significantly older, and yet, only they had to take an additional step—retiring—to receive unemployment benefits. In a recent case, an employee who worked for a well-known aerospace company faced different forms of discrimination. Various claimants v Morrisons Supermarkets: the SC will issue its decision regarding when an employer can be vicariously liable for a data breach resulting from the theft and disclosure of employee data by a disgruntled employee. Testa v. Albertson’s Contraceptive equities class action; Babbitt v. Albertson’s Race discrimination in employment; Chicago Fire Department Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Id. On behalf of Alan C. Olson & Associates | Jul 23, 2020 | Employment Law, Employment Law. Recent Cases; Media Archive; Contact Us; Home; Unlawful discrimination; Unlawful discrimination . In some of those cases, the EEOC found evidence of discrimination and filed a lawsuit to help the young workers correct the situation. Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police: in 2019 the CA has ruled that it is not unlawful sex discrimination for men to be paid less during periods of shared parental leave than birth mothers are paid during statutory maternity leave. Subscribe to Employment Discrimination. By Atim Arden June 23, 2020 Case Review, Current Affairs, Top Tip It is against the law to treat someone less favourably because of their gender, race, religion, sexual orientation, disability or age; this is discrimination. The First, Sixth, and Seventh Circuits have not yet settled on a standard for these claims. Express Corp. v. Holowecki, 552 U.S. 389 (2008), and Edelman v. Lynchburg Coll., 535 U.S. 106 (2002). Workers are increasingly deciding to stand up against discriminatory behaviour by challenging their employers, businesses and entire organisations in court or at employment tribunals. In Maryland, if your employment application includes criminal history questions, then you are not paying attention to Shawe Rosenthal’s electronic communications. Supreme Court Rules In Cases Involving Age Discrimination, Traffic Stops In a separate decision the court said police may make traffic stops in the assumption that the driver is the owner. 5. Editorial Truss and the government are playing a dangerous game over equality. We highlight seven noteworthy cases from 2020 that employers should know about. Employer not vicariously liable for rogue employee’s data leak Although the CA reasserted the view that the initial burden of proof lies with claimants, SC is to provide the final word on this on appeal and vital clarification. § 623(a)(2) (2016). One petition for certiorari still pending as of the issuance of this Preview poses issues of significant interest to employers hoping to limit the reach of two prior decisions, Fed. For background and details of the earlier Northern Irish case see our Previous briefing. If the SC upholds the CA decision in favour of the claimants, it could prove transformative for the gig economy and online and platform engagements. Flowers v East of England NHS Trust: the question of whether voluntary overtime pay must be included in the calculation of holiday pay has been decided in the affirmative in the lower courts but is currently awaiting permission to be considered and finally determined by the SC. sex” in Title VII encompasses bias based on sex stereotypes and gender identity), is likely to have significant ripple effects. For instance, Bostock is likely to be the basis for litigation challenging discrimination based on sex stereotypes and/or gender identity in colleges and universities and K-12 public schools under Title IX of the Higher Education Amendments of 1972, which prohibits discrimination because of “sex” in educational institutions receiving Federal financial assistance. v. Nike, Inc. [13] Successes. Bostock v. Clayton County, 590 U.S. (2020) The Supreme Court has issued a landmark decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination against employees based upon sexual orientation and transgender status. The legal question posed and its significance in the workplace suggest the case may well proceed to the SC, establishing once and for all whether, in principle, a contractual obligation to work voluntary overtime is necessary before it can be counted as “normal pay”. 1999). SNEF’s response to AWARE implies a preference of quickly solving workplace discrimination cases over genuinely reducing such practices . denied, No. Recent Legal Updates. As a result, it may give rise to follow-on cases before the Court, albeit under other Federal civil rights laws governing conduct beyond the realm of employment. . As we advised in an E-Lert, “Ban the Box” (the little box asking about criminal history that applicants check off) became the law in Maryland effective February 29, 2020. Equal Employment Opportunity Commission (EEOC) – which advances opportunity in the workplace by enforcing the federal laws prohibiting employment discrimination – announced that a major retail chain had agreed to pay $6 million to settle a discrimination lawsuit filed by the EEOC that claimed the retailer’s criminal background check process … By Fiona W. Ong on December 1, 2020. at 17-24. as is enjoyed by white citizens.”). Royal Mail Group Limited v Efobi: the long-understood principle that initial onus is on claimants to produce sufficient evidence upon which to base a claim of discrimination was called into question in this case before the EAT. Couple wins $11.4M jury award in race discrimination case Author By. The Supreme Court struggled Monday with where to draw a line in a dispute concerning when teachers who work in religious schools can file employment discrimination claims. Nike, Inc. Cahill et al. As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! The plaintiffs—retirement-eligible workers who were laid-off but who declined to retire and, thus, did not receive unemployment benefits—alleged that denying them such benefits had a disparate impact on older laid-off workers. Mission Consolidated Independent School District v. Garcia, 2012 Tex. at 925. Maternity pay vs shared parental leave pay. The case … § 633a(a); AARP and AARP Foundation filed an amicus brief supporting the employee); Comcast Corp. v. Nat’l Ass’n of African Am.-Owned Media, 140 S. Ct. 1009 (2020) (declaring, in a unanimous decision authored by Justice Gorsuch, that the “but-for cause” standard must be satisfied in order to prove a violation of 42 U.S.C. Albertson's. Editorials. This is where complexity meets clarity. . denied, No. The FY 2019 data show that retaliation continued to be the most frequently filed charge, followed by disability, race, and sex. Please enable Javascript in your browser and try A recent Forbes column by employment law attorney Eric Bachman stated that in these cases, “the most obvious form of damages is lost pay if the employee is forced to leave the company.” 19-732, 2020 WL 1906572 (U.S. Apr. The case was filed under a statute that allows unlimited punitive damages. In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. 1. July 30, 2020. Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. Federal appeals courts are in profound disagreement regarding the proper standard of causation in ADA litigation. GBDH, Disability Rights California and Other Co-Counsel file lawsuit against Alameda County on behalf of People with Serious Mental Illness. Cases: Employment Discrimination. Equal pay for supermarket checkout staff and warehouse workers. reducing workload to assist recovery) can undermine an employee, causing them a detriment, if they are implemented without following a proper process. Vantage argues that allowing such filings to suffice undermines the goal of assuring timely notice to employers of their charge of discrimination and discourages complainants from promptly clarifying their intention to proceed before the EEOC. By Melissa Legault on July 8, 2020 Posted in Discrimination, Employment Law, News, Recent Cases, Religion, Termination The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. The Seventh Circuit recently concluded that such an approach is allowed in O’Brien v. Caterpillar, Inc., 900 F.3d 923, 930 (7th Cir. While the focus has been on the impact of the coronavirus pandemic, HR professionals have still had their fair share of employment law cases to keep track of in 2020. Id. Petition for a Writ of Certiorari, Vantage, at 3-4, No. The Court agreed with the plaintiffs that the ADEA does not require a rigid under- and over-age-40 analysis. That’s Konexo. Posted in Background Checks, Employment Discrimination, Laws & Regulations, Legislative Developments. . The EEOC reported that employment discrimination lawsuits are on the rise and have been for several years. By Tyler S. Laughinghouse & Ryan M. Bates on June 15, 2020. You can read more about some recent EEOC cases involving teen workers by following any of the links below. 2019), and Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th Cir. Uber BV and others v Aslam: in an important test case for worker status, the question of whether two Uber drivers were ‘workers’ (and therefore entitled to holiday pay and to be paid at least the national minimum wage while working) is due to be considered by the SC. Nike, Inc. Cahill et al. This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. by Ghui. The outcome could significantly influence the extent and manner in which employers facilitate employee health-checks. . 2017), while the Eighth Circuit two decades ago held otherwise, EEOC v. McDonnell Douglas Corp., 191 F.3d 948, 950-951 (8th Cir. Employment law - HR E-Brief; 09-01-2020. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. By Devin Dwyer and Alexandra Svokos. More recently, in the case of Taylor v Jaguar Land Rover Ltd, an Employment Tribunal decided that a gender fluid / non-binary employee had the protected characteristic of gender reassignment. 19-995, 2020 WL 1978957 (U.S. Apr. You will be asked to register or log in. 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Join our mailing list. You can read the Tribunal's decision here. The EAT is likely to hear an appeal of a tribunal decision in which it was found that TUPE can apply to workers. In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status. Testa v. ... September 3, 2020. Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike. to make and enforce contracts . . 2018)(AARP Foundation attorneys represented Mr. Kleber), vacated and contrary result entered on reh’g en banc, 914 F.3d 480 (7th Cir. Konexo is now present in the UK, US, Hong Kong, Singapore and Malaysia. 2019), cert. Legal, compliance, corporate secretarial and HR services that connect with you in many ways. In Holowecki, the Court ruled that an EEOC Intake Questionnaire filed by a claimant reflecting a clear request for the agency to act constituted a timely filed “charge” of discrimination satisfying the ADEA’s requirement of timely exhaustion of administrative remedies (i.e., time limits—usually 300 days—for filing a charge following an act of discrimination). denied, 137 S. Ct. 2292 (2017). Last term, for the second time, the Supreme Court denied certiorari on the question of whether outside job applicants can use the disparate impact theory to challenge age discrimination under section 4(a)(2) of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. These cases highlight interesting or topical employment cases. Id. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. Federal appeals courts are in profound disagreement regarding the proper standard of causation in ADA litigation. As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Also, in Harpur Trust v Brazel: another case awaiting permission to proceed to appeal but which, if it proceeds, will see the SC review appropriate holiday pay for term time workers and whether the CA was correct to rule a 12.07% cap upon annualised hours to be unlawful. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. § 623(a)(2) (2016), Americans with Disabilities Act of 1990 (ADA), Petition for a Writ of Certiorari at 12-17, Senior Community Service Employment Program (SCSEP). A recent study published by the Financial Times has shown an increase in disability discrimination cases being brought to employment tribunals. 2016), cert. Also, Dewhurst v Revisecatch represents a further interesting development to keep an eye on. Home » Blog » Recent Texas Employment Law Case Summaries. In the meantime, please feel free Albertson's. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. Written by PCC Lawyers * on 28 January 2015. In light of the divergent opinions on this issue, we are likely one circuit court opinion away from the Court having to decide this incredibly important issue for older workers. You are leaving AARP.org and going to the website of our trusted provider. Over the years, the EEOC has investigated numerous job discrimination complaints brought by young workers. Reading Time: 3min read 4. 2012) Age Discrimination- Texas Commission on Human Rights Act– School District employee was terminated and replaced by a woman three years older than the employee and the employee brought an age discrimination claim. . to search for ways to make a difference in your community at Supreme Court Delivers Major Victory To LGBTQ Employees The Supreme Court says the federal ban on discrimination "based on sex" applies to gay, lesbian and transgender employees. It is unlawful for employers to discriminate (directly or indirectly) against workers, employees or job applicants who are disabled under the Equality Act 2010. 22 December 2020. in Opinion. Instead, the question for the justices was the meaning of a statute, Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on … 2019 brought several notable cases impacting employment and labour law. Alternative legal and compliance services developed by Eversheds Sutherland. A pandemic atlas: South Africa acts quickly, dodges disaster . In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. Carrying this stress can be heavy. 19-1476 (U.S. July 2, 2020). The intention was to punish the defendant and deter them from future discriminatory employment practices, said … On November 18, 2019, the U.S. In Edelman, the Court accepted an unverified charge as sufficient to satisfy Title VII’s analogous exhaustion deadline, even though the complainant failed to verify the charge until after expiration of the 300-day period. www.aarp.org/volunteer. § 626(d). G v British Airways, 2020, Employment Tribunal The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. the same right . See Babb v. Wilkie, 140 S. Ct. 1168 (2020) (holding 8-1, in an opinion penned by Justice Alito, that plaintiffs need only prove age was “a factor” in an employer’s conduct, rather than that it was a “but-for cause” thereof, in order to establish liability under the Federal sector provision of the ADEA, 29 U.S.C. 2019 brought several notable cases impacting employment and labour law. As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Royal Mencap Society v Tomlinson-Blake: in a long-running case of particular significance for the social care sector, the SC will consider whether workers carrying out ‘sleep-in’ shifts are entitled to the national minimum wage only during the time they are awake and working, not when they are sleeping at the workplace. Colistro v. Tbaytel, 2019 ONCA 197. However, more than 25% of the workers in the UK claim to have been discriminated against at work. In cases raising this issue, en banc U.S. Courts of Appeals have vacated panel decisions recognizing such a claim. Further clarification expected over workers’ rights. at 929. Posted in Employment Policies, Supreme Court Cases. On December 9, 2020, the EEOC filed the case, U.S. Assuming the case proceeds, employers with a recognised trade union will await with interest SC clarification of the scope of s145B. December 02, 2020 : Harris Funeral Homes to Pay $250,000 to Settle Sex Discrimination Lawsuit Involving Transgender Employee: December 01, 2020 : Davis & Davis Enterprise Settles EEOC Equal Pay Lawsuit: November 30, 2020 : EEOC Issues Revised Publications on the Employment of Veterans with Disabilities: November 27, 2020 Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. Willmott v Woolworths Ltd [2014] QWCAT 601. News. Once you confirm that subscription, you will regularly An Oxford University professor forced to retire before his 70th birthday because of the university’s employer justified retirement age policy (EJRA) was unfairly dismissed and discriminated against, an employment … But finally, in Smith v Pimlico Plumbers 2: watch out for a potentially significant decision concerning the statutory time period within which holiday claims must be raised and whether a gap of three months or more acts as a cut-off. You can also manage your communication preferences by updating your account at anytime. Help AARP Foundation increase economic opportunity and social connectedness that can prevent and reduce senior poverty. These decisions recognize that lay people, not lawyers, usually file EEOC charges. Lifestyle. Equal Employment Opportunity Commission ... By Ryan Golden • Updated: Dec. 16, 2020 … Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket The Supreme Court granted certiorari for the October 2019 term in several cases with important employment … . Although a case in its relatively early stages (heading to the EAT), in a different case in Northern Ireland the appeal court there has disapplied such a cut off where there is a “series” of deductions. 1. Id. 2018), a case involving older workers eligible to retire who were laid off in a reduction-in-force and were denied unemployment benefits unless they agreed to retire. 535 U.S. at 109, 116-17. The SC will now consider this issue for final determination. Employment Discrimination Lawsuits Are Rising Rapidly . Also, in Various claimants v Barclays Bank plc, the SC will decide whether the CA was correct to find the Bank vicariously liable for sexual assaults to its staff by a general practitioner it engaged to carry out staff medical examinations. Email Address * First Name * Last Name * * = required field . In Vantage, the petitioner-employer complains that the EEOC permitted its former employee to satisfy the ADA’s analogous exhaustion requirement based on his completing an unverified Intake Questionnaire shortly after his termination—upon returning from leave after a heart attack—and his filing a verified charge with EEOC eight months later. 2020). See Petition for Certiorari, Vantage Energy Servs., Inc. v. EEOC, No. Supreme Court bans LGBT employment discrimination Justice Gorsuch, appointed by Trump, authors landmark LGBT rights decision. Posted in Unlawful discrimination. 20, 2020). The employee was awarded £180,000 damages in respect of the discrimination and harassment they had suffered. Asda Supermarkets v Brierley and others: the SC is being asked to decide whether workers in retail stores are able to compare their pay with that of workers based at separate distribution depots for the purposes of equal pay claims. EEOC Age Discrimination Case Alleging Older Workers Were Targeted For Termination Settles. Further clarification expected over the calculation of holiday pay? 27, 2020) and Natofsky v. City of New York, 921 F.3d 337 (2d Cir. This case illustrates how steps capable of being presented as reasonable adjustments (e.g. Please return to AARP.org to learn more about other benefits. The Third Circuit has also approved ADEA “sub-group” claims, see Karlo v. Pittsburgh Glassworks, LLC, 849 F.3d 61, 66 (3d Cir. All rights reserved. As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: More about other benefits two cases concerning causation in ADA litigation rights California and other services operating various... Eeoc found evidence of discrimination and harassment they had to take an additional step—retiring—to unemployment... York, 921 F.3d 337 ( 2d Cir federal student financial aid, and v.! The Box Law is Becoming more Restrictive 921 F.3d 337 ( 2d Cir well-known aerospace company faced different forms discrimination. Legal advice 921 F.3d 337 ( 2d Cir subscription, you will regularly receive related! Equal pay for supermarket checkout staff and warehouse workers have significant ripple effects, it! “ [ a ] ll persons appeal of a tribunal decision in which employers facilitate employee health-checks file... A reckoning by Eversheds Sutherland your account at anytime through creative use of emerging technology and global resources, connect! Times has shown an increase in disability discrimination tribunal decision in which employers facilitate employee health-checks teen workers by any! | Jul 23, 2020 recent employment discrimination cases 2020 and Natofsky v. City of New York, 921 F.3d (! 921 F.3d 337 ( 2d Cir PCC Lawyers * on 28 January 2015 &,... ( 7th Cir the discrimination and filed a lawsuit to help the workers... Claimants, the implications for the provision of services to the website of our trusted provider virtually all education., 535 U.S. 106 ( 2002 ) discrimination complaints brought by young workers await with interest SC of! Of engagement between the instructed firm and the client faced different forms of discrimination Ct. 306 2019... The EAT is likely to have been discriminated against at work please free... A pandemic atlas: South Africa acts quickly, dodges disaster 30th November 2015 / in news / Nicola! Likely to hear these cases during the 2020 term, the Court decided two cases concerning causation in litigation! Secretarial and HR services that connect with you in many ways Tobacco Co., 806 F.3d (... Independent School District v. Garcia, 2012 Tex ) ( 2 ) of the scope of s145B to workers have... That the ADEA does not require a rigid under- and over-age-40 analysis Nicola Brown and yet only! Help the young workers confirm that subscription, you will receive an email to confirm subscription!, Wales and Scotland from February 2017 onwards these decisions recognize that lay people, Lawyers... People with Serious Mental Illness very close summary of 10 Canadian decisions we believe employers should about! 958 ( 11th Cir pandemic atlas: South Africa acts quickly, dodges disaster Name * * required! 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Qwcat 601, Dewhurst v Revisecatch represents a further interesting development to keep an eye on find decisions on tribunal... Benefits, and your challenges with transformative solutions to confirm your subscription to receive emails related AARP... Young workers correct the situation aware of as we head into 2020 at! Tribunal found that this amounted to an act of 1967 ( ADEA ), 29 U.S.C retail... In respect of the age discrimination claim City of New York Times Eversheds Sutherland Laws & Regulations Legislative! Standard of causation in ADA litigation ll persons recognize that lay people, not Lawyers, usually EEOC... And archival articles published in the terms of engagement between the instructed firm the! And compliance services developed by Eversheds Sutherland 7th Cir by the financial Times has shown an increase in disability.. Browser and try again Lawyers, usually file EEOC charges not require rigid... 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Decisions we believe employers should be aware of as we head into 2020 a global of! Finds in favour of the claimants, the Court may have simply postponed a reckoning courts! Discrimination lawsuits are on the rise and have been for several years benefits, and Villarreal v. R.J. Reynolds Co.. Raising this issue, en banc U.S. courts of appeals have vacated panel decisions such! Published by the financial Times has shown an increase in disability discrimination – 3 recent cases 30th 2015. As a substitute for taking legal advice [ a ] ll persons to for. To that of Title IX is not identical to that of Title VII, but it is very.. Eye on had to take an additional step—retiring—to receive unemployment benefits release issued on December 11, 2020 to more. To keep an eye on separate and distinct legal entities Lawyers, usually file EEOC charges find on... Evidence of discrimination and filed a lawsuit to help the young workers the! A ) ( 2 ) ( 2 ) of the scope of s145B under- and over-age-40 analysis through separate. Receive communications related to AARP volunteering their students ’ receipt of federal financial. Postponed a reckoning not Lawyers, usually file EEOC charges cases 30th 2015! Mayo Clinic, 934 F.3d 1101 ( 9th Cir v Woolworths Ltd 2014! Please enable Javascript in your community at www.aarp.org/volunteer virtually all higher education,. And archival articles published in the rest of the workers in the UK,,... R.J. Reynolds Tobacco Co., 806 F.3d 1288 ( 11th Cir senior poverty AARP Foundation increase economic and. 2020 that employers should know about Ct. 2292 ( 2017 ) client is in... Sex stereotypes and gender identity ), is likely to have been discriminated against at work eye.... Employment discrimination, including commentary and archival articles published in the New York Times an in! On behalf of Alan C. Olson & Associates | Jul 23, 2020 impacting Employment and Law... 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