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Articles Posted in Discrimination and Unlawful Harassment

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SCOTUS sides with baker that refused to bake a cake to celebrate gay marriage. But, it’s not what you think.

By Jeffrey Beall – Own work, CC BY 4.0, Link Most of you have probably heard of the case that went to the Supreme Court involving a Colorado baker who would customize a wedding cake for a same-sex couple because he believed that doing so would violate his religious beliefs.…

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Have you advertised for a candidate with a maximum amount of experience? Could be age discrimination.

Image Credit: Pixabay.com (https://pixabay.com/en/setting-hand-leave-job-workplace-2473874/) Law firms, among other businesses, are notorious for seeking non-partner candidates with experience within a range of years. “1-4 years,” “5-8 years,” “with about 10 years of experience.” Could placing a cap on the number of years of experience be part of a code for “we…

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HR lessons from Roseanne Barr’s racist tweet and ABC’s immediate cancellation of her show

Image Credit: Maxpixel.net (https://www.maxpixel.net/Check-Envelope-Yes-No-Cross-Ankreuzen-Maybe-3413145) On the same day that Starbucks closed more than 8,000 stores to train its employees on implicit bias (full curriculum here), an outspoken Hollywood celebrity stole the headlines with an explicitly-racist tweet. One tweet, no more show. Yesterday, Roseanne Barr wrote on Twitter if the “muslim brotherhood &…

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SURVEY: If I custom-designed a one-hour HR-compliance session for you, what topic would you select?

By AlphaZeta – Own work, CC0, Link Can you help me out? It’ll only take a sec. I’ve created a one question survey. Here it is: If I custom-designed a one-hour HR-compliance session for you, what topic would you select? You can vote here. Thank you and I’ll post the results tomorrow!

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If you use a third-party to drug test job applicants, then stop what you’re doing and read this post!

Image Credit: Pixabay.com (https://pixabay.com/en/fish-hook-symbol-silhouette-icon-304097/) On a clickbait scale of 1-10, maybe a 9. First, I must apologize for something other than the clickbait; specifically, yesterday’s cop-out. I had 800 words typed on a recent case in which a federal court denied a defendants’ motion to compel arbitration. It was a great juxtaposition **…

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FREE WEBINAR and CLE: “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable” [June 6, 2018, 2-3 pm EDT]

Image Credit: Pixabay.com (https://pixabay.com/en/webinar-conferencing-video-beverage-3199164/) The session, entitled “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable,” features an all-star panel of lawyers* and will explore each federal agency’s current compliance environment, enforcement priorities, practical guidelines for navigating difficult compliance issues and best practices. *They invited me to participate…

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What does the ADA say about employees who use prescription drugs to treat drug addiction?

By Soberconnections [CC BY-SA 4.0], from Wikimedia CommonsFolks, I’m warning you, this is a tough one. The ADA, illegal drugs, legal drugs. Under the Americans with Disabilities Act, an employer must provide a reasonable accommodation (if available) to a qualified individual with a disability upon request if doing so will…

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Do transgender employees have ADA rights also? “Well, it depends,” said the lawyer.

  Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/) When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Except, about this time last year, I had a post entitled, “Pay…

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Judge greenlights discrimination claim of white employee critical of Black Lives Matter movement

By The All-Nite Images from NY, NY, USA (Black Lives Matter Black Friday) [CC BY-SA 2.0], via Wikimedia CommonsA white man who cast himself as a rising star at a midwest bank claimed that his trajectory plummetted after he posted a message on Facebook criticizing the Black Lives Matter movement.…