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Articles Posted in Discrimination and Unlawful Harassment

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Placing do-not-hire notes in personnel files of employees who file EEOC charges is dumb

  If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer, Mike Maslanka: Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of…

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The ADA still requires a plaintiff to show that he has a “disability”

When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA. In other…

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ENDA — a bill banning LGBT workplace discrimination — passes the Senate

And it wasn’t close at all. By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday. All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey…

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No pants in the office leads to sexual harassment claims, you guys.

i·ro·ny (noun) /ˈīrənē,ˈiərnē/ 1. the expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect. “The irony of this blog post is that I am typing it with no pants.” Look folks, in all seriousness ***waits patiently while you napalm your brains***,…

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Senate on the brink of approving bill to improve LGBT workplace rights

Earlier this week, I blogged about Senator Harry Reid (D-NV) promising that the Senate would take up the Employment Non-Discrimination Act. Yesterday, the Senate obtained enough support to put ENDA to a full vote. Every Senate Democrat agreed to press forward. And even some Republicans helped get the bill to…

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Let’s play: What did Senator Harry Reid say to affect your workplace?

Earlier this week, Senator Harry Reid (D-NV) offered some pointed remarks from the Senate floor. He blasted “radical Tea Party Republicans,” lambasted “mainstream Republican colleagues, who remained silent even as the anarchists among us committed political malpractice,” and then proclaimed, “This work period, the Senate will consider the…” a. “…Twerk…

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Philadelphia bill would require companies to accommodate pregnant employees

Last week, I brought you this news of a bill pending in New Jersey, requiring employers to make available reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician. Yesterday, I read this article in The Legal Intelligencer about this potential amendment to Philadelphia’s…

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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.…