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Articles Posted in Discrimination and Unlawful Harassment

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Another court greenlights a medicinal marijuana user’s lawsuit against his former employer

This may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call. But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west…

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Free speech at work and protected concerted activity are burning up the hot stove this week!

The heat is most definitely on. Google and the myth of free speech at work. So, have you heard the news about the Google employee — well, now ex-Google employee — who authored and posted a diversity (anti-diversity?) memo to the company intranet. Yeah, that didn’t go over so well.…

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If you think you’re gonna get sued, protect your documents! Or else bad things may happen.

Today’s post is brought to you by the letter “S.” Back in 2010, the U.S. Equal Employment Opportunity Commission filed two religious-accommodation lawsuits against a company called JBS USA, LLC. One was in Nebraska. I’ve blogged about that one before (here). The other was filed in Colorado. And that’s the…

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What in the holy hell might this employer have been thinking? (And how you can do better…)

As an employment lawyer nearly 20 years under my belt, I’m fairly jaded. Or maybe, I’m just numb. Either way, I have plenty of stories for a cocktail hour. Like there was that time that I deposed the awkward niece of a plaintiff whose husband wiped the plaintiff’s work laptop…

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DOJ: Federal law does not protect gay employees from discrimination at work

On the same day that President Donald Trump tweeted that the military should ban transgender people from serving, the U.S. Department of Justice doubled down. That is, in a pleading filed yesterday in a federal appellate court, the United States of America revealed its position that our federal laws that protect…

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I was this close to playing Mad Libs with Gov. Christie’s veto of NJ’s Paid Family Leave expansion.

But, the guy’s been through so much in the past year. Plus, I’m not certain that any of my Millennial readers know what Mad Libs are. As far as I know, they haven’t developed a Mad Libs Snapchat filter and Mad Libs wouldn’t make for a compelling podcast. Anyway, on…

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I’ll hang out for a bit while you grab the maximum-leave policy in your employee handbook

Don’t have one? Good. You can skip today’s post. As for the rest of you, say a silent prayer to whatever higher power you believe in, email me a thank you, and read on… Yesterday, some of my buddies and I delivered the second of two continuing legal education sessions…

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Fact or Fiction: If a tree falls in a forest and no one is around to hear it, does it make a sound?

I’m dusting one off today. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” When a plaintiff claims that she was sexually harassed by a co-worker, the employer may have an affirmative…