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Articles Posted in Discrimination and Unlawful Harassment

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What employers need to know about “subtle bias” before it becomes an in-your-face lawsuit

Over the weekend, I read this CareerBuilder poll, which found that the majority of workers don’t aspire to leadership roles. Here are the numbers: One in 5 workers (20 percent) feel his or her organization has a glass ceiling – an unseen barrier preventing women and minorities from reaching higher…

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How swift response to racial slurs and graffiti defused a discrimination claim

You have an employee handbook, an anti-harassment policy, training, the whole nine. But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class]. All the prophylactic measures you’ve already…

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EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.

Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…

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Apparently, the ADA requires accommodating an employee’s anger issues with a Shih Tzu named “Sugar Bear”

Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…

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Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute. So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create…