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Articles Posted in Retaliation

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Dude, you were fired for fellatio jokes, not your disability.

Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…

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Can you smack your sexual harasser, complain, and still claim retaliation?

Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff  in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail.  (No recap here. I plan to keep my…

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Consider requiring your new independent contractors to release employment claims

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…

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FACT OR FICTION: To protect a pregnant employee, a company can make her stay home.

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Oh, if I had a nickel for every time I got this question from an employer, “Hey Eric. We have…

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I was right. This appellate court employment-law decision was one of the worst of 2014.

About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position). Now, if you read the comments on my post, you’ll see…

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It’s prolly not retaliation when you fire an employee who masturbates in your parking lot

Or, at least, when you honestly believe that one of your employees is masturbating in the parking lot. (Unless, of course, you’re like by buddy Fred, who operates Parking Lot Self-Gratification, LLC). Let’s just pretend that parenthetical remained in my head, ok? After the jump, it’s a lesson on the…

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EEOC’s attack on garden-variety severance agreements suffers a potentially MAJOR setback

Earlier this year, the EEOC filed a federal lawsuit against CVS in which it claimed that drugstore chain “conditioned the receipt of severance benefits for certain employees on an overly broad severance agreement set forth in five pages of small print.” Specifically, the EEOC took issue with several common provisions…