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Articles Posted in Discrimination and Unlawful Harassment

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A company allegedly fired a woman because she got an abortion. But, is that illegal?

Image by OpenClipart-Vectors from Pixabay A Louisiana woman claimed that, back in September 2017, she told her employer that she had become pregnant and that she was planning on having an abortion. The woman then alleged that, during her time off from work, the company violated the Pregnancy Discrimination Act…

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Is it ok to ask a lesbian co-worker to use her ‘gaydar’ to determine whether a new client is also gay?

Photo via Good Free Photos Short answer: No. Slightly longer answer: No, you jerk, of course not! In a few hundred more words, I’ll explain why. New Jersey: Lovers of pork roll and equal rights; haters of ‘gaydar’ comments from supervisors. The genesis for this blog post is this press…

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The EEOC has a new Chair and a quorum. Here’s what this means for employers.

U.S. Government [Public domain], via Wikimedia CommonsIt took nearly two years for the Senate to vote on Janet Dhillon, President Trump’s nominee to Chair the U.S. Equal Employment Opportunity Commission. However, last week, the Senate finally confirmed Ms. Dillon. So, not only does the EEOC have a new leader, but…

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Alcoholism and the ADA: Is it a disability? If so, how do you accommodate? And what are the limits?

TrafficJan82 [Public domain], via Wikimedia CommonsOh, I thought you had the answers. Fine, I’ll teach the class today. Could alcoholism be a disability under the Americans with Disabilities Act? Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect…

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If at first, you don’t succeed, try, try, try, try again. Then, file an age discrimination lawsuit. Then try again.

EverythingSuperMario [CC BY-SA 4.0], via Wikimedia CommonsThen, maybe just give up and move on with your life. I want to tell you a story. It’s about a woman in Ohio, well-educated woman in Ohio. You see, this woman initially graduated from college in 1996 with a degree in journalism. In…

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#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19

Image Credit: SHRM.org Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today. That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities…

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Yeah, about that rule where you don’t allow employees to text that they’ll be late or absent…

Image Credit: Pixabay.com (https://pixabay.com/illustrations/mobile-text-phone-sms-980030/) Here’s the thing. If you’re managers relax the rule for their direct reports, good luck trying to use that rule as a basis to terminate someone’s employment. Consider this recent Fourth Circuit opinion. It involves an African American employee — let’s call him ‘Plaintiff’ — who…