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Your employee wears a head-covering. The employee’s head-covering is part of her religious practice.

You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could be used to smuggle in contraband.

After jump, I have some practice tips for you.
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This is a labor and employment law blog. From time-to-time — ok, a LOT — I’ll post about social media policies and employee use of social media. A juror making a Facebook post during a trial has nothing to do with labor and employment law. However, I’m a sucker for these stories. So you’ll just have to suffer through it.
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My blog designers told me that if I want to build SEO — that’s Search Engine Optimization to you rookies — I’d better write about employment law issues affecting Pennsylvania, New Jersey and Delaware (duh!) and “optimize” my blog post titles with the keywords near the front.

Learn more about which employees are covered after the jump.
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In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign.
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Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?
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Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled.

I’ll show you after the jump.
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Ever been to a Gentlemen’s Club?

(Pause…)

(Wait for it…)

Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the circular file?

Ladies and gentlemen. After the jump, may I present to you: the BFOQ.

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“Doing What’s Right – Not Just What’s Legal”
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