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Articles Posted in Discrimination and Unlawful Harassment

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Cut your hair, Mattingly!

On Saturday, I ran — and I use that term, “ran,” generously — my first Spartan Race. Maybe, the better past-tense verb is “completed.” But, I’ll take it. What the heck does Don Mattingly have to do with employment law? About a quarter-century ago, the New York Yankees benched first baseman…

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Giveaway Day! My very best leave-management PowerPoint, which I’m presenting today at #SHRMPA

  If your Saturday night consists of nerding up on HR compliance with both the Family and Medical Leave Act and the Americans with Disabilities Act, why fight it? We’re kindred spirits. So, take my hand… Or, maybe just email me — yes, email is better — for the scintillating PowerPoint debuting…

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Orange Crushed! Jury awards $277,565.44 to a diabetic employee fired for drinking OJ at work

Earlier in the Summer, I blogged here about this federal court opinion, recognizing that a convenience store may have violated the Americans with Disabilities Act by firing a diabetic cashier. The facts showed that the diabetic cashier twice violated the store’s grazing policy by removing bottles of orange juice from the store cooler without immediately paying for…

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What your business can do NOW to prepare for the DOL ‘Blacklisting’ rules and guidance.

In 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. Folks like me on the management-side refer to this Order as the Blacklisting rules. In general terms (I’ll get a little more specific below), the Blacklisting rules require prospective federal contractors and subcontractors to disclose anything that may appear on…

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She had it up to here with her co-workers, and the company hardly helped. ADA violation? Maybe.

Had I represented the plaintiff in this case, I would’ve found a way to incorporate this .gif into my brief opposing the employer’s motion for summary judgment. {Cue music} Poor, poor Diane St. Amour. She worked for a hospital in Connecticut until, she claims, she was forced to quit. So,…

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Soon, all employers may be forbidden from asking about a job applicant’s salary history

Last month, Massachusetts passed a new law, which will take effect in July 2018, and make it illegal for employers to ask about a job applicant’s salary history before making an offer of employment.  As Stacy Cowley at The New York Times reports (here), the impetus for the new law is to…

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Blaming the victim is a bad way to respond to a sexual harassment complaint

Indeed, it cost a southern baptist church $25,000. According to this press release from the U.S. Equal Employment Opportunity Commission, the church is writing that check because: One of its kindergarten teachers complained that the pastor, who was also the school superintendent, had been sexually harassing her; Church officials informed…

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165,000 reasons to remember that associational discrimination violates the ADA

165,000 reasons meaning 165,000 dollars. But, you probably figured that out. What the heck is associational discrimination? Well, funny you should ask because, last Summer, I had a post about it. In the context of the Americans with Disabilities Act, associational discrimination occurs when a company excludes or otherwise denies equal jobs…

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This, right here, is why a good workplace investigation is EVERYTHING!

You received a complaint of sexual harassment from a female employee against a male co-worker. So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly…

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Can you sue an employee for filing what seems to be a false EEOC charge?

There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December. Do you like defending retaliation claims? Let’s go back to yesterday’s retaliation post for a sec. What you’ll find is a non-exclusive list of examples of behaviors that could be considered retaliatory.…