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Articles Posted in Discrimination and Unlawful Harassment

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Could ‘mansplaining’ create a gender-bias claim? It’s direct evidence of it says one court!

If you’re: (a) new to social media; (b) don’t watch Jeopardy; or (c) haven’t hung out on Jezebel, you may be unfamiliar with what ‘mansplaining’ is. Mansplaining defined. Mansplaining is where a man explains something to someone, typically a woman, in a manner regarded as condescending or patronizing. In Tucker v. Johnson…

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Are your company’s anti-bullying measures working? I’d like to hear from you.

About a week ago, I read an article on The Players’ Tribune from Arizona Cardinals running back David Johnson. It’s called “Let’s Talk About Bullying,” and you can read it here. Imagine this from a 6′ 1″, 225 lb. professional football player: Bullying and discrimination: six in one hand; half dozen…

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Employee admits that attendance on the reg is essential, so telecommuting isn’t a reasonable accommodation

That’s pretty much what happened in this recent Eleventh Circuit opinion. We’ve gone over this before. There are certain jobs that don’t require regular in-person attendance. And then there’s the plaintiff’s full-time Purchasing Agent position for the City of Tallahassee, which is the central focus of Garrison v. City of…

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My 2 cents on President-Elect Trump’s impact on HR-compliance in 2017. (Literally, worth 2 cents)

I’ll open this post with a haiku. Because, I feel like we could all use a haiku. President-Elect For HR, what will he do? Not a stinkin’ clue! …and any employment-law wonk who tells you otherwise, well, we saw how the pundits fared predicting the outcome of the presidential election.…

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PA federal court turns the page and protects gay workers from discrimination

In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful. “Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly…

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Feds unite with Worker.gov, a one-stop website for employees to address workplace issues

After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state. Because I’m good…

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HR-101: Did an NFL fan create a hostile work environment by throwing a sex toy on the field?

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League…

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A Texas judge has enjoined practically all of the DOL “blacklisting” rules

Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…

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New report highlights rampant hiring bias against qualified transgender applicants

Hold up. I need to catch my breath after last night’s episode of The Walking Dead. (Don’t worry. No spoilers ahead). Last week, I blogged here about the EEOC’s new Strategic Enforcement Plan. In that post, I singled out the EEOC’s pivot to “clarify[] the employment relationship and the application of…