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Articles Posted in Discrimination and Unlawful Harassment

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I’m a wizard, apparently, plus four other employment law takeaways from yesterday’s SCOTUS decision.

Image by Ivorytowers from Pixabay Damn, I’m good! Yesterday morning, my post, “Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably” went live. Now, scroll down to the “Takeaways For Employers” section. You’ll see some discussion there about how the Supreme Court needed to resolve an open issue in the…

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Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably.

Mika-photography [CC BY-SA 3.0], via Wikimedia Commons“Look, if you had one shot, one opportunity, to seize everything you ever wanted – one moment. Would you capture it or just let it slip?“ You sippin’ on some of Snoop Dogg’s Gin and Juice again, Eric? No, just some seltzer. But, it’s…

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“An employee who has suffered a heart attack has enough to deal with without having to face unlawful discrimination and unemployment.”

Image by InspiredImages from Pixabay Continuing yesterday’s HR Compliance 101 theme, I revisited the EEOC Newsroom and found a recent release that addresses some considerations for when you have an employee that needs leave from work to treat for an illness. Today’s lesson is a pragmatic and compassionate approach to…

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Grab the tack hammer. It’s the ‘Tommy Boy’ of employment discrimination stupid.

Image Credit: Tommy Boy (screenshot from Vimeo.com) Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting: “I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come…

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2020 presidential candidate Kamala Harris just floated ‘the most aggressive equal pay proposal in history.’

United States Senate [Public domain], via Wikimedia CommonsYep, this plan packs a punch. So, let’s head over to Ms. Harris’s campaign website to see what this is all about. It says here that companies will be required to prove that they’re not paying women less than men for work of…

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What does a $3.3M jury verdict for race discrimination by a strip club look like? I’ll show you.

Image Credit: Google Street View It doesn’t look so good if you are the defendant. Last week, a Mississippi federal court jury concluded that a strip club in Mississippi had discriminated against five black dancers.  In total, the jury awarded the women $1.5 million in punitive damages, $1.68 million in…

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The House passed the Equality Act to protect LGBT rights at work. Here’s why it won’t become law.

Photo by Sharon McCutcheon on Unsplash Allow me to explain. Eric. remind me. What is the Equality Act? Among other things, the Equality Act would amend Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law for the workplace, to clarify that discrimination based on sex (currently…

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Examples of pregnancy accommodations include shift changes, rest breaks and, oh yeah, open-toed shoes.

By David Shankbone – Own work, CC BY 3.0, Link Yesterday’s post was all about the breadth of the Pregnancy Discrimination Act (PDA). We addressed a situation in which a plaintiff alleged that her employer fired her for seeking an abortion. The court concluded that, if true, the employer’s actions would…

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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…