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Articles Posted in Discrimination and Unlawful Harassment

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A bipartisan — yes, bipartisan — Senate bill would make it easier for employees to prove age bias

Bipartisan, eh? (Sorry, it’s the first thing I thought of) Welcome back, Kotter Protecting Older Workers Against Discrimination Act Always a bridesmaid, but never a bride, the Protecting Older Workers Against Discrimination Act has been considered in both houses of Congress a few times, but never made its way all the way…

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110,000 reasons to remember that the ADA’s duty to accommodate starts before saying, “You’re hired.”

Here’s a snippet from a recent EEOC press release: The [Americans with Disabilities Act] protects employees from discrimination based on their disabilities and requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as it does not pose an undue hardship. That’s employees and applicants. And, that’s important.…

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Feds are signalling a rough four years ahead for transgender rights

Late last month, I blogged here about some smoke signals from the U.S. Equal Employment Opportunity Commission that it may be backpedaling on pursuing discrimination claims on behalf of a transgender employee, in a case where the employer had raised a religious-freedom defense. Since then, other dominos have fallen, which indicate that…

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Racials slurs, shotgun threats, but no why no hostile work environment?

It’s deja vu all over again. Yesterday, in this post, I stressed how important it is for employers to take complaints of discrimination — even the head-scratchers — seriously. Today, I’ve got for you an opinion from a Kentucky federal court, where an employer’s swift, measured response to a series complaints…

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This right here is why you train your managers to take all complaints of harassment seriously.

When I conduct anti-harassment training for supervisors, one of the points I stress is that all complaints of harassment and discrimination — no matter how minor — must be taken seriously. Why? For a few reasons. By addressing harassment right away, it reduces the chances of repeat performances. That’s good for the employee.…

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55,000 reasons to allow your pregnant employees to be exposed to toxic chemicals at work

Wait. That came out wrong. What I meant to say was… The Pregnancy Discrimination Act forbids employers from requiring that pregnant employees leave work. Even if it’s because the employer honestly believes that workplace conditions could place the health of mom or fetus at risk. Yes, really. Indeed, the U.S. Equal…

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Appellate court to ADA plaintiff: “A blind person cannot be an airline pilot…”

Continuing with yesterday’s theme of appellate courts peeing on the Cheerios of plaintiffs in failure-to-accommodate cases… Wait, can I say that? ***Checks blogging scriptures*** ***burps*** Yep. Dealing with employees who stress out about work. Yesterday, I blogged here about how President Trump’s U.S. Supreme Court nominee has zero damns to give…