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Articles Posted in Discrimination and Unlawful Harassment

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What the Supreme Court’s marriage-equality decision means for your workplace.

Ok, presumably, I’m not the only employment lawyer trying to apply the Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today. #noguarantees In case you’re just returning from a long-weekend sojourn to Mars, on…

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Update your job descriptions. Because, Americans with Disabilities Act.

  A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… At 7:00 am (yawn) on Tuesday, June 30, I’m presenting “My Employees Can…

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How to avoid a colonoscopy gone bad in your workplace

One of my very best readers, a true HR all-star, forwarded to me this article from Tom Jackson at the Washington Post, about a colonoscopy gone wrong. Actually, the procedure was a success. However, the patient hit record on his smartphone before the anesthesia kicked in. And what he recorded resulted in…

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Pee and Poop: One employer cleans up; another pays $2.25 million

Just another ho-hum Wednesday here at the ol’ Handbook. Urine trouble now. So, did you hear the one about the employee who got caught urinating next to shopping carts near the front entrance of a big home improvement store? He even admitted to, and apologized for, his public urination, explaining that he…

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GOP proposes pregnancy discrimination bill. In other news, pigs fly.

Ok, to be fair, the Pregnancy Discrimination Amendment Act (here), isn’t exactly the most progressive piece of legislation. Kinda like putting provolone on a cheesesteak; no Cheez Whiz here. Congressman Tim Walberg (R-MI) and Senator Lisa Murkowski (R-AK) introduced the PDAA yesterday to clear up the confusion arising from the Supreme Court’s opinion…

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“Patience” is a great G N’ R song; not a reasonable accommodation under the ADA

Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom). But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with…

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More questions than answers come out of EEOC public meeting on workplace harassment

Yesterday, the EEOC’s Select Task Force on Workplace Harassment (STF) — as opposed to this STF (sorry, I’m basically a 12-year-old trapped in a quasi-successful lawyer’s body) — held its first public meeting. The purpose of the meeting was to explore the scope of workplace harassment and the types of research already…

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Can the NAACP legally fire Rachel Dolezal? Here’s an employment lawyer’s take.

Late last week, Rachel Dolezal, the President of the Spokane Chapter of the NAACP and a leader in the black community, was outed by her parents as being white. The controversy caught a lot of people by surprise, most notably, the Spokane Chapter. Amidst a flurry of activity over the weekend — just…