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Articles Posted in Discrimination and Unlawful Harassment

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HR 101: The Americans with Disabilities Act and the importance of good job descriptions

  Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is the there smoke billowing from my blog servers? (Although that could still be there from last Friday). Qualified Individuals and Essential Job Functions. Under the Americans with Disabilities…

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30,000 reasons to review your job applications now for unlawful questions

There is a growing trend across the country for employers to remove job-application questions about criminal-record history. Ban the Box notwithstanding, other common job application no-no’s continue to trip up certain employers. For example, last week, the EEOC announced (here) that it had settled a discrimination complaint filed under the…

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New EEOC lawsuit highlights the discrimination risks of mandatory flu shots

Last week, the EEOC announced (here) that it had filed this lawsuit against a Massachusetts employer, in which it alleges that the company violated federal law when it refused to effectively accommodate an employee’s religious beliefs. It’s a wicked pissah! Religious accommodations for flu shots. Here’s a summary of this new civil action from…

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The EEOC wants your 2¢ before giving its 2¢ on national origin discrimination, which will be free

Kinda like this blog. I’d settle for a sandwich to call it even. Maybe some ketchup packets. Late last week, the EEOC announced here that, for the first time in 14 years, the agency in charge of enforcing federal anti-discrimination laws will update its current guidance on national origin discrimination. Actually, it…

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Got disability-leave questions? Two greats have your FMLA/ADA HR answers.

Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner…

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Company pays $250K to settle employee’s bias claim. The one where his manager maybe peed on him.

Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million. Cue mildly inappropriate music. Kurt Orzeck at Law360 reports here (subscription required) about a recent settlement — actually a consent decree — entered into between a North Dakote employer and a Filipino employee who sued…

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9 things HR needs to know about the EEOC’s new rules on employer wellness programs

Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever…