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It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive.
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with...
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This Employee Relations Department redeemed itself (sort of).
Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation . My “muse” was an Employee Relations...
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In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission . Oh, wait. Would you look at this EEOC...
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Here are four ways to BOTCH a sexual harassment investigation
Last month, I told you that an employer’s response to a harassment complaint doesn’t need to be perfect. Just ok may do....
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How do we help our employee who tells us she has early-onset Alzheimer’s disease?
Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and cognitive decline....
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Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.
There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that the employer acted...
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A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions
Before discussing the jury verdict, I’ll tell you a little about how we got here. Let’s go back to New Year’s Eve 2020...
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Here are 105,000 reasons not to force an older worker to retire
“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not...
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A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick.
Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his...
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Do as I say, not as I do? (You won’t believe how much the feds paid to settle allegations of “egregious and continual sexual harassment.”)
Federal agencies, like the U.S. Department of Justice , often publish news releases touting their lawsuits and significant judgments...
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Will training white employees on “white fragility” and other concepts linked to racism create a hostile work environment? Probably not.
Last week, I wrote ( here ) about a white college professor who successfully alleged that his employer subjected him to a hostile work...
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Training about racism can foster a hostile work environment. Wait, WHAT?!?
Wait a minute, Eric! Weren’t you just telling us that anti-harassment training is part of the backbone of a compliant workplace? I...
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An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion
Folks, I did not have EEOC Commissioner Andrea Lucas giving billionaire Mark Cuban a public antidiscrimination lesson on my Bingo board....
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EEOC launches new outreach effort to help underserved communities and vulnerable workers
As part of its current Strategic Plan , the U.S. Equal Employment Opportunity Commission aims to raise awareness of employment discrimination...
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Next time, just give her the damn stool.
Last night, I went shopping on Amazon for a new stool. At $48.90, this one came recommended as excellent value for money. And I almost...
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Help Wanted: Bartender. Must be biologically male
Notice anything potentially unlawful here ? Yesterday, several of us spoke with The Philadelphia Inquirer about the problem with a...
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Reasonable accommodations for disabled employees need to be reasonable, not perfect
I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night . The [Americans with...
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Here are forty thousand reasons why “equal pay for equal work” applies to male victims too
A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. The jobs need not...
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An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.
Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users should not have to settle for...
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Next time, maybe she’ll just get that tattoo.
Trust me. The title of this post will make sense in about a minute or two. Last year, a small sports bar and restaurant sought summary...
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Did this guy’s performance really nose-dive? Or did his age motivate his abrupt termination?
Stop me if you’ve heard this one before. One of your employees has been with the company for several years. Over that span, they...
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Employee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” You’d think I would, but I’m reading what the Seventh...
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Folks, we have our first lawsuit to try to KO the DOL’s new independent contractor rule
It took less than a week for a group of freelance writers and editors to file this federal court lawsuit to block enforcement of the U.S....
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Let’s revisit how to handle FMLA and FLSA for a snow day office closure.
Back in the day, the mere promise of Cheerios and chocolate milk was all it took to dupe my two oldest kids (then three and five) to shovel...
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Join me on Wednesday, January 17, at 1 PM for a webinar on the new DOL Independent Contractor Rules
Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor...