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Articles Posted in Discrimination and Unlawful Harassment

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From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog…

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As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.

Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations. Allow me to explain. It’s not what you know; it’s what motivates…

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This employer had a “no pregnancy in the workplace” policy. No, really. It did.

Holy crap. Literally. A Texas church is now about $75,000 lighter in the wallet after a federal judge determined that having and enforcing a “no pregnancy in the workplace policy,” which prohibited the continued employment of any employee who became pregnant, violates Title VII of the Civil Rights Act of 1964. That’s…

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100,000 reasons to take all forms of discrimination seriously

And, that includes discrimination against bronies men. Because remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Welp, that case just settled for $100K! But, wait! There’s more… From this EEOC press release: The company will provide training…

Posted in: Sex
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58,000 reasons to consider telework as an ADA reasonable accommodation

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where…

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How 2 racial slurs in 24 hours can create a hostile work environment

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment. Yeah, about that. Even a few isolated comments can create a hostile work environment. In Boyer-Liberto v. Fontainebleu Corp. (opinion here), the full panel…

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When might firing a medicinal marijuana user be discriminatory?

Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…