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Articles Posted in Discrimination and Unlawful Harassment

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New EEOC statistics highlight the importance of disability accommodations at work

Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention. What’s driving this…

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A Chairperson supposedly tried to get her direct report to marry her son. Her son the company CEO.

YASSSSS!!!! Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion. Hummina Hummina Hummina Oh, where to begin. Where. To. Begin. Well, how about some facts from Allen v. TV One, LLC. Plaintiff began working as the Director of Talent Relations and Casting…

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Those EEO-1s you love to complete are gonna get more complicated

Happy Monday. Like my amateur Photoshop? No? Well, then, how about a little music…. (You can put your middle fingers down now). The EEOC wants more data on 63 million employees. So, on Friday, the White House announced (here) that it is “taking action to advance equal pay.” And that’s great!…

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What caused this employee to claim disability discrimination on her second day of work?

  When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully? If it’s been a while (or, maybe, I dunno, forever),…

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When must companies accommodate employee medical marijuana use? How about never?

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…

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Inconsistent employee discipline can create legal issues. Here’s a way to fix that.

That was my KitKat! Spit it out! Spit it out, dammit! Hey, hey, turn off that camera! Over the weekend, after the Hershey’s Chocolate World shenanigans, I read a Fifth Circuit FMLA retaliation opinion that, unfortunately, read like so many prior employment legal skirmishes. Employee claims that she was fired for…

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Five employment cases blowing up my DropBox and Pocket

You know, being a client of the Blogger King has its perks. (That’s me. I’m the Blogger King). When I’m not litigating and counseling on employment-related issues, I’m taking blog post requests and emailing weekly updates of HR goodies that don’t make it onto the blog. But, with my DropBox and Pocket chock full…

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Knife-wielding monkeys may be retaliatory; but, standard severance provisions are not.

Last year, I discussed (here) a case in which the United States Equal Employment Opportunity Commission sued an employer for retaliation under Title VII. Now, retaliation is the most common claim employment discrimination claim. But, what made this particular claim unusual was the EEOC’s attack on the employer’s use of knife-wielding…