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Articles Posted in Discrimination and Unlawful Harassment

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So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.

Image Credit: Photofunia.com (http://photofunia.com/results/5b90809e846d78530d8b45d5) The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”? Or…

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Bookmark This: Seven Resources to Answer Some of Your Employment Questions

Image Credit: Photofunia.com (http://photofunia.com/results/5b8f35e6089f7a90518b4572) Oh, I’ve got your hookup today. As I was getting caught up on last week’s email, I came across a News Release from the U.S. Department of Labor. In this Release, the DOL touted “cross-agency effort complements the Department’s enforcement activities by strengthening and innovating compliance assistance…

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16 states have asked the Supreme Court to limit LGBT rights at work. Which 16, you ask?

By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia CommonsBy the time you read this, I should be blissfully cruising in the Atlantic outside the range of any cell towers. However, between now (Saturday afternoon) and Monday, I am feverishly punching out 5 blog…

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EEOC: HR didn’t want to set a disabled employee up for failure, so the company fired her instead.

By Gooddeedsday [CC BY-SA 4.0 ], from Wikimedia CommonsDo you know that proverb “no good deed goes unpunished”? This isn’t that situation. “There was no point in continuing the training.” Last week, the EEOC announced that it was suing an employer for disability discrimination after it fired an employee with…

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Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.

Public Domain, Link It’s right there in the statute. Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity. Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting…

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What happens when a sexual assault victim is later accused of sexual assault? #MeToo

Georges Biard [CC BY-SA 3.0 ], from Wikimedia CommonsOver the weekend, there were several reports (including this one from Kim Severson at the New York Times) that Asia Argento paid out a large settlement to a man who accused Ms. Argento of sexually assaulting him in a hotel room when he…

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Which law firms would I recommend that you use to sue your employer?

I’ll wait patiently while you pick your jaws up off the floor. I want some of what you’re having, Eric. Have you lost your freaking mind, Eric? Nope, I’m good. I’ve been practicing law now for nearly twenty years. In that time, I’ve learned a few immutable truths: Plaintiffs keep every…

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NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests

Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/) By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. The Diane Allen Equal Pay Act, which took effect earlier this Summer, is the most employee-friendly equal-pay law in the country; In the Fall,…

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EEOC: Major U.S. airline ignored sexual harassment that ultimately ended in an FBI arrest and conviction

By Joe Ravi, CC BY-SA 3.0, Link Surely, you remember the days (weeks) of horrible headlines that dogged United Airlines after the incident in which passengers filmed security dragging down the aisle a bloodied passenger who refused to give up his seat to an airline employee. Well, United may soon…

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“Eric, if we sexually harass female AND male employees, that cancels itself out, and we’re good, right?”

Screenshot from YouTube.com No. And you may end up paying the EEOC three million dollars. Like this company.  (Oh, the irony.) Here’s more from the EEOC press release: The U.S. District Court approved a consent decree … for $3.5 million and remedial measures to resolve a sexual harassment lawsuit, the…