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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
  • 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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  • Served in the Military? Here Are 4 Things You Need to Know About the USERRA

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 is a federal statute that protects veterans and servicemembers from being discriminated against due to their military status in the civilian employment arena. This statute typically protects two groups of people: (1) reservists who have military responsibilities and a civilian job and (2) veterans who have entered or are trying to enter the civilian workforce after their military service is complete. While the law itself is long and complicated, these are four things servicemembers and veterans should be aware of regarding their rights.
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  • How Sneaky Employers Get Away With Pretextual Workplace Discrimination, and What It Means for You

    Usually when we think about workplace discrimination, we think about discrimination based on gender, sex, race, disability, age, religion, or sexual orientation. The Civil Rights Act, the American With Disabilities Act, the Age Discrimination in Employment Act, and various state and local laws make each of these types of discrimination illegal in at least some parts of our country. Some states like Hawaii and Illinois have also passed "Ban the Box" legislation to help prevent discrimination against felons in some stages of the employment process. But other areas of discrimination continue to be legal, most of the time. We say most of the time because, if these types of discrimination are really used just as a pretext to hide illegal discrimination, then these types of discrimination may also be illegal.
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