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Articles Posted in Discrimination and Unlawful Harassment

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Court rules that company need not allow mass unscheduled prayer breaks

We’re talking religious accommodations here at the ole Handbook. Last week, it was the Mark of the Beast. Before that, we explored Ramadan bagel parties. Today, we’re sticking with the Ramadan theme. Unfortunately, I don’t know any Ramadan tunes to soundtrack this post. So, let’s just go with Christian rock.…

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New NJ bill targets pregnancy and childbirth discrimination

New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace. However,…

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NY Court: Indefinite leave may be a reasonable accommodation for disabilities

New York City. As Jay-Z and Alicia Keys sang, it’s the “concrete jungle where dreams are made of. There’s nothin’ you can’t do.” That includes taking indefinite leave as a “reasonable” accommodation under the New York City Human Rights Law. Yep. That’s what the song means. Trust me. It’s in…

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Must an ADA requested accommodation correlate to an essential job function?

To receive the protections of the Americans with Disabilities Act, an individual with a disability must be qualified to perform the essential functions of the job with or without reasonable accommodation. Absent undue hardship, an employer must provide a reasonable accommodation. So, you’d think that the ADA would require a…

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Court destroys my “Ravishing Rick Rude” theory of same-sex harassment

Cut the music. A little over a year ago, I wrote here about a steel worker named Kerry Woods. Unfortunately for Mr. Woods, he was on the receiving end of a constant barrage of “raw homophobic epithets and lewd gestures” from his supervisor. Notwithstanding, the Fifth Circuit Court of Appeals…

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Court holds that anxiety from possibly getting fired is an ADA disability.

  Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher’s classes noted several deficiencies. So, the school placed the teacher on a performance improvement plan. It was right around this time that the…