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Articles Posted in Discrimination and Unlawful Harassment

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It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)

Marcin Wichary / CC BY Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program.…

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Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?

Bjornsphoto / CC BY I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… The song title carries a little HR lesson today; namely, just because your company is going through…

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I have new guidance for employees struggling with substance abuse issues during this pandemic

(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner) Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it. Before I detail this new guidance, I’ve got some other big EEOC news! That is, several of my friends from…

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Can you fire an HR Manager for encouraging co-workers to sue the company for discrimination?

Cskiran / CC BY-SA Good thing I added a few extra servers today, juuuuuuuust in case I had a few extra clicks on this blog post. Last week, the Eleventh Circuit Court of Appeals wrote 150 pages (here) to address the retaliation of claims of an HR representative (let’s call…

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Happy 30th Birthday to the Americans with Disabilities Act

Image Credit: Marco Verch on Flickr //embedr.flickr.com/assets/client-code.js Thirty years ago — technically, thirty years ago yesterday — President George H.W. Bush signed the Americans with Disabilities Act into law to protect the rights of individuals with disabilities. A brief history of the ADA Title I of the ADA makes it…

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After tweeting support for Nick Cannon, a remorseful NBA player’s words and actions earn him a well-deserved second chance

Phil Whitehouse//embedr.flickr.com/assets/client-code.js Anti-discrimination law focuses on the impact that bad acts have on victims, not on whether the actor intended the consequences of his actions. That’s why many employment lawyers caution employer-clients against second chances for employees that do things that others perceive as discriminatory. Just ask Nick Cannon. Second…

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Three important employment law lessons from ViacomCBS firing Nick Cannon for anti-Semitic remarks

Nick Step / CC BY Earlier this week, ViacomCBS announced that it had severed ties with Nick Cannon over anti-Semitic remarks he made recently on this episode of his YouTube podcast “Cannon’s Class.” Mr. Cannon has often appeared on cable networks, MTV and TeenNick, both of which ViacomCBS owns. In…

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How a negative COVID-19 test turned into an FLSA collective action.

Image by Tomislav Jakupec from Pixabay The Families First Coronavirus Response Act requires certain employers to provide employees with paid sick leave for specified reasons related to COVID-19. One of those reasons is when an employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. From FFCRA to FLSA.…

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How does EEOC mediation work? Is it worth it? How about during COVID-19? Ask away!

Image by Gerd Altmann from Pixabay Most of you know that I’m not just a handsome hecka-handsome and snarky employment law blogger, but I’m also a management-side employment attorney too. But, did you also know that I’m also an employment law mediator? TRUTH! For over a decade, I have volunteered…