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Articles Posted in Discrimination and Unlawful Harassment

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Two ways to avoid employee lawsuits

Recently, I had an article published in Bloomberg Law Reports about how employers can reduce their potential exposure to employee litigation by implementing a strong anti-harassment policy and then coupling that with training for supervisors and employees. If I do say so myself — and I do — this is…

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Hi, PA, NJ, and DE employers. Meet GINA.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations. How does this law affect employers? I’ll break it down for you after the jump.…

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EEOC sets new records for complaints received

According to a report from the Bureau of National Affairs, more employees than ever are filing complaints with the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission received a record 99,922 private sector discrimination charges in fiscal year 2010 but managed to keep its charge backlog almost…

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How do PA, NJ, and DE address discrimination based on sexual orientation?

Recently, I read an article by Bob Egelko in the San Francisco Chronicle about a speech from U.S. Supreme Court Justice Antonin Scalia in which he told law students from U.C. Hastings that the 14th Amendment to the U.S. Constitution, which guarantees equal protection to all U.S. citizens, do not…

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New Jersey: No Adverse Employment Action Required for a Failure to Accommodate Disability Claim

There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it…

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Should employers monitor Facebook use of second-chance offenders?

A few weeks ago, I came across an article by Terrence O’Brien on switched.com, “Facebook ‘Subscribe to’ Feature Lets You Follow Your Friend’s Every Move.” Facebook is testing a new feature that lets you subscribe to a specific user’s content. In practice, this means receiving a notification every time that…