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Articles Posted in Discrimination and Unlawful Harassment

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Will the EEOC become more employer-friendly in the Fall?

*** whistles *** The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC. Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in…

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Yes, you can fire an employee who discloses a disability at his termination meeting

Filed under: duh! More on this one after the jump… * * * Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four…

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An employer-defendant argued that cancer — CANCER!!! — is not an ADA disability

How do you think that worked out? (I’ve got a pretty good guess too). After the jump, let’s see if we’re right. * * * In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!!!), the United States Equal Employment Opportunity Commission filed suit on…

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Guess why dude lost his ADA failure-to-accommodate claim. (Hint: he didn’t ask for one).

When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability. That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a…

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Inappropriate Facebook videos, comments doom an employee’s discrimination claims

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too. Yep, another employee screwed up online. Go figure. More on that after the jump… * * * In Brown v. Tyson Foods,…

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FACT OR FICTION: The ADA requires all employers to offer light duty.

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.” Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no…

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Disclosing an employee’s medical info on Facebook is hella-stupid

Plus, it may violate the Americans with Disabilities Act too. How one company’s alleged blunder turned into an ADA lawsuit and a blog post at https://www.theemployerhandbook.com…after the jump… * * * In Shoun v. Best Formed Plastics, Inc., the plaintiff allegedly suffered a bad shoulder injury at work. And, after…