Case Linden PCCase Linden PC2026-05-15T15:06:26Zhttps://www.caselinden.com/feed/atom/WordPress/wp-content/uploads/sites/1201837/2022/02/cropped-Site-ID-32x32.jpgOn Behalf of Case Linden PC<![CDATA[Dress Codes, Demographics, & Discrimination]]>https://www.caselinden.com/?p=486692025-04-01T09:29:16Z2023-05-25T20:14:09Z is possible to establish and enforce a dress code, while simultaneously minimizing the risk of a discriminatory impact.
Your dress code must apply equally.
As a general rule, the dress code will need to apply in an equal manner, to everyone. Though this may seem self-explanatory, employers often run afoul of this rule by prescribing different standards for different categories of employees. Oftentimes, these distinctions are found to be arbitrary. Further, you cannot give certain workers a dress code, while exempting other employees from the same requirements. If it is necessary for any reason to prescribe different dress codes for different categories of employees, employers must be ready to fully justify these distinctions.
You must enforce it consistently across all demographics.
The language of the dress code is only half of the analysis. The other half is how it is enforced. A dress code that purports to apply to everyone, in the same way, can still be enforced in a way that gets an employer into hot water. For example, if an employer requires a certain dress code for all of its employees, but disproportionately enforces the dress code only against its female employees, then this could be viewed as discriminatory. Any enforcement of the dress code must be consistent across all demographics.
Beware of disproportionate impacts.
Even a dress code that applies to everyone can be discriminatory in some cases. This may happen if it targets certain employees in practice more than others, even though the same set of rules applies to all employees.
For example, religious exemptions are often a good idea. If you create a dress code banning a certain type of religious attire or hairstyle, then the dress code itself is not discriminatory (assuming the religion itself is not mentioned within the policy). However, if the dress code itself disproportionately affects members of a certain religion, then the dress code could be viewed as discriminatory. This is frequently the basis of religious discrimination claims.
What options do you have?
Dress codes serve an important purpose, and they can further important business interests. However, on the other hand, the way a dress code is written - and the way it is enforced - can get an employer into trouble. To mitigate the risk of litigation, make sure you consult with a qualified attorney before adopting, revising, or enforcing your company's dress code.]]>On Behalf of Case Linden PC<![CDATA[How do you determine accurate future earnings?]]>https://www.caselinden.com/?p=483412025-04-01T09:29:42Z2022-04-08T17:11:47Zpredicted to earn in the future. The family may try to seek compensation for these lost earnings.
This can be a complicated and sometimes problematic process. It's important to know exactly what options you have, especially if you think that the number being provided isn't accurate. But there are a lot of factors at play, and it is a lot more difficult to find a definitive total than it is with medical bills and other costs that have a clear paper trail.
How long would the person have worked?
For instance, it is very common for the party’s family to claim they had X amount of years left to work and that they would have made a certain amount of money over those years. But even if the family can show how much the person was earning every year, how do they actually know how long that person would have worked? What if they claim the person had no plans to ever retire, but they were already very near retirement age and realistically might have only worked for a few more years?
Would their wages have changed?
Another thing to consider is whether or not the person's wages actually would have changed. Their family may try to claim that they would have advanced in their career and gotten raises and promotions, so they should be paid at an even higher rate than what they were earning when they passed away. But is that a realistic scenario, or is it more likely that they would have made exactly what they were earning for the foreseeable future?
Arriving at a total
These are just a few of the things you have to consider in a case like this, but you can see how complicated it can be to arrive at an accurate total. You must know about all of the defense options you have to ensure things are awarded properly.]]>