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Back in April, the EEOC concluded that transgender discrimination is discrimination based on sex and, therefore, violates Title VII. That same month, a federal court denied another employer’s motion to dismiss the sex discrimination claims of a transgender employee. However, in denying the motion to dismiss, the court did not conclude that transgender discrimination is sex discrimination. Rather, it reaffirmed that Title VII prohibits sex stereotyping; i.e., when an employer takes action because an employee does not conform to the employer’s sex- or gender-based preferences, expectations, or stereotypes.

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One word: Outsource.

See you tomorrow.

Oh, you mean some of you actually do this yourselves?!? Ok. As you should know, in certain circumstances eligible employees may take leave under the Family and Medical Leave Act intermittently or on a reduced leave schedule. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason.

Here’s how to account for intermittent FMLA leave. Continue reading

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The Americans with Disabilities Act requires an employer to accommodate an employee with a disability, if doing so will enable that individual to perform the essential functions of the job. The exception is if the accommodation would create undue hardship for the employer.

But when is that duty to accommodate triggered?

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Yesterday, I asked you — and when I say you, I’m referring to the best change-agents in the entire universe — whether you were cool with the government requiring your businesses to provide a modest amount of paid family and medical leave to employees.

Of those who responded to the poll — I’m talking the thought-leaders here who clearly deserve a place at the table — 53% said yes; 41% said no.

The rest of you said “baba booey.”

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Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance Leave (FAMILY) Act is currently pending in Congress. This bill would provide create a family and medical leave insurance program.

As the debate over government-mandated paid sick leave continues, Patrick Kulp at Mashable reports here that over 200 faculty members from 88 institutions across the country, including MBA programs at NYU, Harvard and Wharton, have signed this open letter calling upon Congress to adopt a national paid family and medical leave policy.

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Fire Ant's missile dropkick

“So, dynamic, Eric. Is there anything you can’t do?”

Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter. (You can follow me here).

No, you’re looking for some Fair Labor Standards Act goodies. Well, I’ve been known to “prolifically tweet[] about news and issues affecting labor and employment, from links to interesting articles to posting [my] personal take on developing stories.” In case you didn’t know. But, enough about my Twitter crown. Let’s keep it here at the award-winning The Employer Handbook, and talk about internships.

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Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors.

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