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Articles Posted in Discrimination and Unlawful Harassment

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PODCAST: “Losing My Religion: Title VII and flu shot accommodations” (ft. Brooks and Ivy Meyer)

Last Thursday, the Third Circuit of Appeals issued this opinion in Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, in which the court addressed religious accommodation and flu shots. Specifically, the court focused on what constitutes “religion” under Title VII of the Civil Rights Act of 1964. So, rather than write…

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Looking to update your policy on sexual harassment? Maybe you’d like to see Facebook’s…

I’m used to it by now. Maybe it’s a conversation at a networking event or a question from the audience at an HR session. You know what I’m talking about. That hypothetical legal question (with three follows ups) that someone asks for a friend (while everyone else rolls their eyes). Look.…

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The Supreme Court passes on ruling on LGBT workplace rights … for now

Ironically, it happened on the same day that President Trump nominated U.S. Equal Employment Opportunity Commission Commissioner Chai Feldblum, a true champion of LGBT workplace rights, to serve a third term at the EEOC. Yesterday, the U.S. Supreme Court declined to grant certiorari in Evans v. Georgia Regional Hospital. In plain English,…

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Surprise! Your company could be liable under Title VII as a joint employer.

It’s late Sunday night. I just finished the Walking Dead mid-season finale (no spoilers) and I’m catching up on the latest news about Carson Wentz’s knee. And somehow I managed to pull myself out of the fetal position to type this post. I’m trying to remember the last time that…

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Hear ye! Hear ye! 45,000 reasons not to publicize details of an employee’s EEOC charge of discrimination

For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act? Raise your hand if the answer is not publicizing details of…

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But, Eric, shouldn’t we update our anti-harassment policies in 2018 also?

Yes and, after yesterday, this deserves its own post. Where should I begin? How about with the great Jonathan Segal who saves me a lot of work with his post for the SHRM Blog entitled “5 Effective Ways to Upgrade Your Anti-Harassment Policy.” Let’s see if I can summarize my buddy’s…

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Grab your company’s job applications and ADA pearls. Now, click this post and clutch tightly.

A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment. Well, not…

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Court stymies employer’s try for plaintiff’s social media passwords in sexual harassment case. But, it did get…

I imagine that, among the reasons that victims fear complaining about sexual harassment, is that spotlight may shine a little too brightly on them. For example, when a plaintiff in a Title VII case claims emotional distress from sexual harassment, the source(s) of that pain will be under the microscope.…