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Articles Posted in Discrimination and Unlawful Harassment

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Does randomly re-testing employees who earlier test positive for drugs or alcohol violate the ADA?

It’s an interesting theory. And by ‘interesting,’ I mean… Anyway, before I get too snarky, I’ll share with you the facts of this opinion from a federal court in New York that I read recently. The “On Call program” and more random tests. According to the plaintiffs, they were subject to…

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How long does your employee have to file an EEOC Charge of Discrimination against your business?

By: CoD_fsfe, Courtesy: Open Clip Art Library (http://www.publicdomainfiles.com/show_file.php?id=13925176815) Actually, it depends. 😉 Here’s how it works for non-federal-sector employees: An employee must file a charge of discrimination with the U.S. Equal Employment Opportunity Commission within 180 calendar days from the day the discrimination took place. However, if your business operates…

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It is SO DARN EASY for one of your employees to pursue a discrimination claim. But, here’s the thing…

Photo by Sabine Gausemeier from Pexels How easy is it? Easier than Sunday morning, which is easier than beating the New York Mets on Sunday afternoon. Fired after a DUI. I’m going to tell you about this case where an African-American man with alcoholism, sued his former employer for firing…

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40,000 reasons to remember that the duty to accommodate in your workplace begins right away

Image by Clker-Free-Vector-Images from Pixabay They line up around the block. As you can tell from the clipart, they come in all shapes and sizes to apply for assistant positions at The Employer Handbook. For example, in a few months, I’ll be advertising for Fantasy Football Grunt III. His/her essential…

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A stray comment is probably not enough to lose a discrimination lawsuit. But, it can be enough to lose a job.

Image by Bokskapet from Pixabay Just ask a Detroit TV news anchor with 26 years of experience and 15 Michigan Emmys. Here’s more from Steve Neavling reporting here from the Detroit Metro Times: [A]n investigative reporter for WDIV-TV, said he was abruptly fired from the news station for a racial…

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$5 trillion says that LGBT discrimination at work is against federal law

Image by mibapict from Pixabay Today, we’re taking a break from wage-and-hour compliance because I’m not sure that you can continue to handle that much fun. How else would you interpret so many people (un)subscribing to this blog yesterday? Instead, I want to talk about news of this brief that…

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What form of discrimination do juries hate most? (But, you’re probably doing the least to address.)

Photo By: Senior Airman Donald Hudson (https://www.defense.gov/observe/photo-gallery/igphoto/2001841357/) A former federal judge once told me that of all the forms of employment discrimination that juries hate, bias against military personnel tops the list. What is USERRA? The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law…

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I can do better than yesterday’s weak sauce “72 police officers” post

By Zuzu – Own work, CC BY-SA 3.0, Link “72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.” Yeah, that takeaway stinks. I should have focused on the conscious bias instead. Yesterday, at the SHRM Conference, I was talking…