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Articles Posted in Discrimination and Unlawful Harassment

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152,000 reasons for employers to consider discrimination with drug testing and haircuts

After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian (Or an excuse for me to make gratuitous True Romance references). * * *   Many employers drug test job applicants. Floyd (played by a young Brad Pitt), once motivated…

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#SOTU and the #Workplace: A full debriefing of last night’s Presidential address

I had every intention of watching the President address the Nation last night. I really did. But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie…

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FACT OR FICTION: To protect a pregnant employee, a company can make her stay home.

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Oh, if I had a nickel for every time I got this question from an employer, “Hey Eric. We have…

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I was right. This appellate court employment-law decision was one of the worst of 2014.

About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position). Now, if you read the comments on my post, you’ll see…

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Saks claims transsexual discrimination is legal. And here’s why they’re probably right.

Over the weekend, I joined a Facebook thread discussing a recent federal court complaint filed in Texas by a former Saks employee, Leyth O. Jamal. Ms. Jamal claims that Saks violated Title VII of the Civil Rights Act by discriminating against her because she is transsexual. Saks claims (here) that…

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It’s prolly not retaliation when you fire an employee who masturbates in your parking lot

Or, at least, when you honestly believe that one of your employees is masturbating in the parking lot. (Unless, of course, you’re like by buddy Fred, who operates Parking Lot Self-Gratification, LLC). Let’s just pretend that parenthetical remained in my head, ok? After the jump, it’s a lesson on the…

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“Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.”

I tell you, folks. When a school janitor, the plaintiff in this case, claimed that the school principal uttered the words in the lede above, I felt a stirring within. Literally, the second those words (allegedly) formed on the principal’s lips, my Spidey Bloggy-senses told me that I’d be able to…