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Articles Posted in Discrimination and Unlawful Harassment

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Lawsuit: P. Diddy did it (sexual harassment) right after he and his house guests did it (sex).

When others go high, I go low. Wait a minute! I got that backwards didn’t I?  Dammit! That explains why I didn’t come up with “In Firing Employees, A Bit of Humanity Still Helps.” It’s a pragmatic post inspired by recent events from employment lawyer and blogger, Daniel Schwartz. Instead, I get my…

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New Philly bill aims to shut down local businesses engaging in “severe and repeated” discrimination

This bill introduced in Philadelphia City Council back in April is quietly making its way closer to Mayor Kenney’s desk. And, it could mean the end of the road for Philadelphia businesses that believe that they can discriminate with impunity. Layla Jones from The Philadelphia Tribune reports here that Councilman Derek Green…

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The best way to prepare your workplace now for President Trump’s new Religious Freedom Executive Order

Yeah, that’s basically it. Keep calm and carry on. There was a lot of talk over the past week or so about how the Presidential Executive Order Promoting Free Speech and Religious Liberty would create carte blanche for discrimination against LGBTQ and women. (Exhibit A, B, C). Yeah, that didn’t happen. Indeed,…

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Because of Sex.

…and because that title has a better ring than “Court Concludes Plaintiff Failed to Establish a Hostile Work Environment as a Matter of Law.” [cue music] Clickbait aside, there’s a point to today’s post. In a way, today’s lesson involves sex education. (Enough already! Stop it, Eric. You’ve got ’em).…

Posted in: Sex
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A trucking company agrees to pay $65K, because it didn’t hire an amputee to drive its trucks

Yep, we’re gonna continue yesterday’s discussion of how stereotyping and false assumptions can create yuuuuuuge Americans with Disabilities Act problems for employers. Last week, the EEOC announced (here) that a Texas trucking company agreed to pay $65,000 to settle a disability discrimination lawsuit. But, not just any ADA lawsuit. This one involved…

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Fear of the Ebola Monster, and acting on other stereotypes, can create scary ADA lawsuits

There are three types of disabilities under the Americans with Disabilities Act: a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or an actual…

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Court says setting salary based on pay history is ok. Just don’t base salary on gender. ¯\_(ツ)_/¯

When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor other than sex.” [cue music] So, for example, when I’m…

Posted in: Sex
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Even one bad comment may create a hostile work environment, says Second Circuit

With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…

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Hold up! Wait a minute! A federal judge just stayed Philly’s new salary-history law.

It may not have occurred exactly as I’ve depicted above. Although, this accompaniment foreshadows a strong second career in musical direction for the Bloggerking, amirite?  Ok, so maybe my GifJif is a complete dramatization of Wednesday’s Order from District Judge Mitchell Goldberg in the Eastern District of Pennsylvania. Still, big news! Judge Goldberg stayed Philadelphia’s…