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Dan Kalish

Dan Kalish

Dan Kalish is a partner and founder of HKM Employment Lawyers (www.hkm.com), an employment law firm that represents individuals nationwide. A graduate of Harvard College and Yale Law School, Dan frequently speaks and writes about issues related to employment law on hkm.com/employmentblog.
 

Most Recent Posts by Dan Kalish
  • You Can Be a Victim of Employment Discrimination Without Even Working

    We often think of employment discrimination as being something that happens to people who already have jobs. A woman may be denied a raise because of her sex, or an older person may be forced into retirement because of his age. But employment discrimination also happens on the front end of employment, when hiring decisions are being made. So if you are looking for a job, you need to understand your rights.
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  • What You Need to Know About Your Right to Unionize

    Unions' position in America has changed drastically over the last few generations. Large swaths of our population used to work in industries like manufacturing and many of those industries were unionized. Then companies began outsourcing jobs to other countries, and more and more Americans found themselves in service industry positions that often are non-union positions. Only you can know whether a union is right for you, but if you think it may be and you are not currently a union member, you need to understand what your legal rights are when it comes to unionizing.
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  • How the Civil Rights Act Protects Transgender Workers

    For generations, transgender individuals facing workplace discrimination have had little legal recourse. While a small number of jurisdictions have passed local anti-discrimination laws, federal laws were rarely used to protect transgender people. However, that is changing.
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  • Non-Competes: Not Just for Executives Anymore

    Non-compete agreements are provisions that are traditionally included in the contracts of executives and tech employees who work with sensitive trade secrets. These agreements prevent these high-level, and usually well-compensated, employees from immediately going into competition with their employer should they leave the company. While these agreements stifle competition, there are arguments that they make sense for these positions. However, companies like Amazon have made non-compete agreements a condition of employment for even temporary factory workers. If these oppressive agreements are enforceable they could prevent temporary factory or warehouse workers from finding other work basically anywhere once their temporary job has ended.
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  • Is Not Being Pregnant a Bona Fide Occupational Qualification for Exotic Dancers?

    A bona fide occupational qualification (BFOQ) is a defense to most types of discrimination. If the employer can show that the very nature of the job actually requires the characteristic that is leading to the otherwise illegal discrimination, the employer will have a defense. For example, airlines have argued unsuccessfully that being what was then called a "stewardess," now called a "flight attendant," required employees to be female. In a similar situation, a Georgia court has now addressed whether being "not pregnant" is a BFOQ for exotic dancers.
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