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Articles Posted in Discrimination and Unlawful Harassment

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For real this time, the EEO-1 deadline is September 30, 2019. Seriously

Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019. (For more on this EEO-1 circus, click here.) That’s it. That’s all I’ve got for you today. Well, unless you like HR-compliance…

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A heterosexual employee sued for sexual-orientation discrimination. Really?!?

Image Credit: Pixabay.com (https://pixabay.com/photos/question-question-mark-survey-2736480/) Oh, did I mention that the plaintiff was the HR Manager? Bruh… And she made an incendiary Facebook post. Well, that I can believe. (I’m friends on Facebook with several HR folks.) Then again, I don’t recall seeing a post like this. Let’s check out the…

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Why was there an employment law trending on Twitter yesterday? Oh, I think I know.

Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/ The Supreme Court has agreed to decide whether the prohibition against sex discrimination in Title VII also covers discrimination based on sexual orientation and gender identity. In other words, are there LGBT legal rights in the workplace? I should be on my third keyboard with all of…

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How in the world did a DEAD person get suspended for racist behavior?!?

Uncredited [Public domain], via Wikimedia CommonsNot only that but two different employers disciplined the same dead person on the same day. Last Friday, I was on the road in Cleveland doing some anti-harassment training for managers and supervisors. Minutes before my second session, I glanced down at my phone to…

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The readers have three follow-up ADA questions about job applications. Let’s answer them.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.” “This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee…

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If your job applications look anything like this, well, damn, you’ve got some ADA problems.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal. It wasn’t. There were four questions on the addendum: Do you have a…

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Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?

Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/) Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place. But, what if you…

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285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.

Lorimar Productions/NBC [Public domain], via Wikimedia CommonsIn 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all. Some…

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The EEOC just announced its 2018 performance numbers. Here are three things employers need to know.

Aotearoa at Polish Wikipedia [CC BY-SA 3.0], via Wikimedia CommonsSpoiler Alert: the Federated States Of Micronesia had zero charges of discrimination Yesterday, the U.S. Equal Employment Opportunity Commission released its Fiscal Year 2018 enforcement and litigation data. Here’s what you need to know. Retaliation remains the top claim. Here are…

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Imagine being forced to re-employ the person who claims that your company discriminated against her.

Public Domain, Link Many people forget that federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, contemplates reinstatement of an employee as a remedy for discrimination. But, before I get to that, I want to thank everyone who responded to yesterday’s blog post. If I did a…