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Articles Posted in Discrimination and Unlawful Harassment

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She couldn’t workout at her preferred time, so she quit her job. And sued.

Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/) Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously…

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Could forcing an employee to sign a last chance agreement lead to a retaliation claim?

Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6) The answer may shock you! (But, it probably won’t.) Hey, friends. Thank you for the positive feedback on the end of last week’s Minarsky series. Although I like to keep my blog posts to something less wordy the War and Peace, sometimes, I get a little…

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My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia CommonsYesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here). If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version:…

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It’s the most important employment law decision of 2018

By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary…

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All the 🔥hot🔥 takes on how Supreme Court Justice Brett Kavanaugh could shape employment law

By U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia CommonsRespect to the employment law bloggers, reporters, and others who wasted no time trying to read the tea leaves to predict what Judge Brett Kavanaugh’s record as a jurist would foreshadow should he ascend to…

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Will I see you at EEOC EXCEL today? It should be EXCELLENT! (See what I did there?)

Source: https://eeotraining.eeoc.gov Yep, it’s that time of year. The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC.  The EEOC touts EXCEL as “the premier national training conference for federal and private sector EEO managers, supervisors, practitioners, HR professionals, attorneys and Alternative…

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From the Archives: What ketchup on a hot dog can teach employers about at-will employment

Image Credit: Frinkiac.com Either way, it doesn’t belong on a hot dog. Ever. That much hasn’t changed since I originally posted this last year. Heck, if it were up to me, I’d fire anyone who put ketchup on a hot dog. It seems that would be consistent with the at-will employment doctrine. Under…

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Your company is more like Google than you think. You have similar respect-in-the-workplace problems.

A few weeks ago, I delivered a #MeToo presentation to a local chapter of HR professionals. Our dialogue evolved into a discussion of other “respect in the workplace” topics with which many companies are presently wrestling. The trouble with politics at work. One of the audience members volunteered that her…

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What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?

Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor. ***Updates shopping list*** And I’ll bring my…

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If your company receives a subpoena from the EEOC, whatever you do, don’t do this…

By U.S. Government (Extracted from PDF file here.) [Public domain], via Wikimedia CommonsThere will come a time that one of your current or former employees will file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against your company. So, you just received an EEOC Charge. When your…