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Articles Posted in Discrimination and Unlawful Harassment

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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…

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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…