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Articles Posted in Discrimination and Unlawful Harassment

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Lawsuit: Does the ADA require an adult film website to accommodate a deaf individual by closed captioning the videos?

Image by diapicard from Pixabay In 2020, the Americans with Disabilities Act turns 30. President George H.W. Bush signed it into law in 1990 to ensure civil rights for individuals with disabilities. Chia-Yi Hou at The Hill published a nice 30-year ADA recap here. The ADA is much more than…

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The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

Image by StockSnap from Pixabay It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at…

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A bipartisan federal bill proposes to require nursing mom protections for all female employees.

Pete unseth [CC BY-SA]The Fair Labor Standards Act (FLSA) requires employers with 50 or more employees to provide new moms with reasonable break time and a private place to pump breastmilk. Well, not all new moms; just the non-exempt workers; i.e., the overtime-eligible employees. But, new bipartisan legislation proposed last…

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A customer’s pref­erence for an employee of a certain gender usually does not justify sex discrimination — even at a strip club.

License: CC0 Public Domain Hypothetically, if I were to go to a gentlemen’s club, I would expect to see women dancing on stage for money. That’s what goes on there, I’m told. And hypothetically, if I were to go to a gentlemen’s club, and I were to purchase a beverage,…

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The ACLU and U.S. Chamber of Commerce AGREE on something. And it’s a pregnancy discrimination bill?!?

Image by Digital Photo and Design DigiPD.com from Pixabay Repent ye sinners! The apocalypse is nigh! No, the world isn’t really ending. So, keep your shirts on. I’m talking to you, HR. But, who would’ve guessed that the U.S. Chamber of Commerce and the Americans Civil Liberties Union would agree…

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“Smokers and other nicotine users need not apply.” Is that even legal?

By Augustus Binu, CC BY-SA 3.0, Link Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Instead, I encourage you to go to SHRM’s website and read this article from Roy Maurer. Roy addresses a decision by the…

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Federal appellate court instructs NLRB to reconsider whether it’s okay for an employee to use sexist language

Image by Clker-Free-Vector-Images from Pixabay Last Summer, the National Labor Relations Board asked the public to help it decide when employees should be allowed to make racist or sexist comments at work. I would have assumed that the answer is, you know, “never.” But, then again, I don’t make the…

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The Best of The Employer Handbook in 2019 confirms that you readers are STONE COLD SAVAGES!

Image by mohamed Hassan from Pixabay 2019 was a busy year for HR compliance. That’s a true statement even if we forget about all that went down in New Jersey. Among other things, the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime…

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You’ll never guess which state has joined NY and CA by banning grooming and hairstyle discrimination at work

By Alexrk – Own work, CC BY 3.0, Link Water is wet. Grass is green. And, yes, New Jersey remains the employee-rights capital of the East. Actually, since we’re talking about New Jersey, I really should have said ‘wooder’ is wet for the South Jersey folks and ‘wourder’ is wet…

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Finally, the EEOC has come around on arbitration agreements as a condition of employment

Image Credit: Photofunia.com (https://photofunia.com/results/5dfae5ac089f7ac0528b45a3) And it only took 22 years. Back in 1997, Puff Daddy — he was Puff Daddy back then — was burning up the charts with his Biggie Smalls tribute, I’ll Be Missing You (feat. Faith Evans and 112). Meanwhile, the U.S. Equal Employment Opportunity Commission released…