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Articles Posted in Discrimination and Unlawful Harassment

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When can you ask an employee with a disability for more medical information?

Image by mcmurryjulie from Pixabay Every once in a while, a different client calls me with the same Americans with Disabilities Act question, “Eric, our employee tells us that she has a disability and needs and accommodation. Can we ask for medical documentation to help us evaluate whether an accommodation…

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Does complying with the ADA mean offering short breaks to employees who have angry outbursts?

Image by CryptoSkylark from Pixabay Let’s say that you have an employee prone to angry outbursts. Sound familiar? But, what if those outbursts were a symptom of something like bipolar disorder? And let’s say that the employee can control his anger if he takes medicine and short breaks. The Americans…

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I have a copy of the EEOC’s ‘top secret, classified, confidential’* priorities for 2020. Want to see it?

Photo by Tayeb MEZAHDIA from Pexels *And by ‘top secret, classified, confidential,’ I mean readily available from the U.S. Equal Employment Opportunity Commission’s publicly accessible website (here). And also, here and here. Or, you can just keep reading, because I’ve cut and pasted some of two of the five priorities…

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This, right here, is some of the most messed up retaliation (allegedly). And it all settled for a cool milli.

Image by Clker-Free-Vector-Images from Pixabay Technically, they settled for $1.15M. But, that won’t stop me from playing some ‘Lil Wayne. Many of you have good taste in employment law blogs, my ramblings and typos notwithstanding. That’s because you also read Jon Hyman’s Ohio Employer Law Blog. Jon’s blog is a…

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Governor Phil Murphy wants an “overhaul” of the New Jersey Law Against Discrimination

Image Credit: Photofunia.com (https://photofunia.com/results/5e4c9a4e089f7a2b888b45b4) And I want to try “The Perfect Bite” that Binging With Babish cooked up last week on his YouTube channel. Here is what his duck carbonara looked like. But, Governor Murphy’s proposed changes to the New Jersey Law Against Discrimination (LAD) aren’t nearly as aspirational. And if…

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A federal court just killed collection of EEO-1 employee pay data dead. Happy Tuesday.

Image Credit: Photofunia.com (https://photofunia.com/results/5e41ee23089f7ab90a8b4591) It was all a dream. I used to read Word Up! magazine. Salt-n-Pepa and Heavy D up in the limousine. I guess Notorious B.I.G. wasn’t exactly rapping about the U.S. Equal Employment Opportunity Commission requirement for employers with one hundred or more employees to file with the…

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Bookmark This! How many employees must we have to be covered under certain employment laws?

Photo by Black ice from Pexels It’s one of the most common questions that I get from clients and readers. With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone which ones you may have to follow. That’s why…

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I’m going to teach you — for free — a $100,000 lesson on workplace accommodations

By National Museum of American History – Image by Godot13, Public Domain, Link Workplace accommodations can be easy. For example, when an employee with carpal tunnel syndrome requests an ergonomic keyboard to perform his job, and his job involves a lot of typing, you get him the keyboard. Or maybe…

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How do you prove discrimination (when you’re accused of inappropriate relations with a student)?

https://www.needpix.com/photo/180045/question-worry-wonder-unsure-confused-uncertain-asking-wondering-uncertainty Beats me. (Still, it seems like an excellent excuse to get back to basics and explain how courts analyze discrimination claims). But, first, let’s cue the music as we talk about… Those Wild School Days. The plaintiff in today’s case was an assistant professor of poetry at a college…