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Today is the final day to vote in ABA Journal’s Blawg 100 Amici contest. The polls close at 5 pm.

If you have yet to vote for my blog, and would like to do so, here’s how:

    1. Click here.
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    3. Scroll down the page to the “Labor and Employment” category, and click on it.
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    The whole process takes 20 seconds.

    I appreciate all of your support. Thank you.

    Thumbnail image for LGBT_flag_map_of_Pennsylvania.svg.pngOver the Summer, I reported here that about companion Pennsylvania bills introduced in the House and Senate that would outlaw both sexual orientation and gender identity discrimination in the workplace.

    Each bill had bipartisan support, but it was unclear how Governor Corbett (R) would act if a bill was placed on his desk for his signature.

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    Two days left to vote in the ABA Journal’s Blawg 100 Amici contest. Please consider voting for this blog by clicking here, the banner to the right, or by tweeting your support.

    Thank you.

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    Yesterday, The Philadelphia Inquirer reported here that Gov. Corbett said that he would support legislation banning discrimination based on sexual orientation in employment, housing, and public accommodations.

    The Inquirer story notes that 33 Pennsylvania municipalities have nondiscrimination laws that include sexual orientation and gender identity, while 23 Fortune 500 companies based in Pennsylvania have similar nondiscrimination policies.

    Neither bill has moved out of committee since being introduced in August. The Inquirer reports that Rep. Daryl Metcalfe (R., Butler), chairman of the state government committee, who controls the movement of the bill in the House, is against it.

    We’ll just have to wait and see what comes of it.

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    Second verse, same as the first.

    Back in March, I reported here that a bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

    Yesterday, it was the Senate’s turn to get in on the act; the Equal Employment for All Act, that is.

    (See how I did that?)

    Details on the Senate bill, what it would mean for employers, and its chances of passage after the jump…

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    MacGyver.jpgWell, that certainly sucks. Even worse than the time I found out that Santa Claus MacGyver wasn’t a real person.

    (My psychiatrist says that there’s a light at the end of the tunnel. I’m not so sure…)

    But seriously, I thought that the purpose of a limited liability company was to insulate members from the debts of the company.

    After the jump, see how that rule doesn’t necessarily apply when an LLC fails to pay minimum wage or overtime…

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    guestblogger.jpgToday, we have a guest blogger at The Employer Handbook. It’s Melissa Kluska. Melissa currently writes for St. Jude Retreats, a non 12 step alternative to traditional alcohol and drug rehab. As well as writing for St. Jude’s, Melissa enjoys blogging about health and relationships.

    (Want to guest blog on an employment-law topic at The Employer Handbook? Email me).

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    Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

    Yesterday, I read this opinion about a white man who claimed that he lost out on a middle school boys basketball coaching job because the school didn’t like the fact that he was married to an Asian ethnic Chinese woman and they have seven mixed race children.

    The plaintiff claimed that the school violated Title VII of the Civil Rights Act of 1964. The school filed a motion to dismiss, claiming that the man could not state a claim under Title VII. The school prevailed because, well, I’ll let the court tell you:

    The plaintiff alleges that he was discriminated against, not because of his own race, but because of the race or his wife and children. He is basing his discrimination claims on his family status. Viewing the allegations in the light most-favorable to the plaintiff, it is possible that he was treated differently from white males who did not have mixed race families. However, discrimination based on family status alone is not actionable under Title VII. Simply stated, Mr. Blasi is not a member of a protected class for Title VII purposes. Because he is not a member of a protected class, he cannot establish a prima facie case of direct discrimination under Title VII. His claims under this legal theory have no merit.

    Therefore, the answer to today’s QATQQ is fact.

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    It’s also a fact that this blog — the one you read religiously for the compliance content, humor and hidden satanic messages is hella-awesome! So, please vote for it today in the ABA Journal’s Blawg 100 Amici contest. You can cast your vote for The Employer Handbook here, by clicking the banner to the right, or tweeting your support.

    Thank you.

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    You’ve got an employee with performance issues. Big time! Initially, rather than fire her, you make fun of her behind her back put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m looking for? — improvement.

    So, you fire her.

    Ah, but here’s the little wrinkle for today’s post. The poor performer experienced frequent migraine headaches and struggled with pain and other symptoms caused by endometriosis. As a result of these conditions, she frequently requested medical leave under the Family Medical Leave Act, which you afforded her.

    Given the poor performer’s medical issues, before firing her, did you have an obligation to engage in an interactive dialogue with her, consistent with the Americans with Disabilities Act to determine whether her health issues caused her performance issues?

    The answer follows after the jump…

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