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Articles Posted in Hiring & Firing

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Hey, they never said we couldn’t post TikToks transporting the dead bodies

Well, that’s not exactly what your employees should think if you operate a mortuary transport service. But, Fox5 in Las Vegas ran this story about a mortuary transporter who was recording the transport of dead bodies to several funeral homes and crematories throughout the Las Vegas valley and then posting…

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In 2015, she sued for LGBT discrimination. One landmark SCOTUS decision later, she still lost.

The former part-time Director of Operations for a college hockey team was sure that her employer fired her because she was gay. Consider the following: During the 2014-15 season, the women’s hockey team had five staff and coaches, all of whom were gay women. The part-time Director of Operations (also…

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This HR service provider “walked the walk” and defeated claims of age discrimination

Some of the tenets of good HR compliance include documenting and communicating performance issues and taking additional formal steps to alleviate them. If those steps fail, the employer can proceed with termination, being sure to document the reasons supporting the final decision. A 65-year-old client manager sued his employer, an…

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Is it legal to fire someone for getting an abortion?

Yesterday, we covered whether the Family and Medical Leave Act allows women who have an abortion to obtain leave for a serious health condition. Today, we’ll talk about the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964 to prohibit employers from taking adverse employment…

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A federal appellate court made it difficult to blame ’20-’21 large layoffs on COVID-19

Days since I’ve blogged about COVID-19 = 78 0. I promise(ish), this one will be interesting. And for those of you with businesses that had a mass layoff or plant closing because of COVID-19, it will be horrifying. You see, I just got finished reading a Fifth Circuit decision in…

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These free resources can help you avoid disability discrimination claims when hiring using artificial intelligence

More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that. Except, consider this. Maybe the algorithm intentionally or unintentionally “screens out” an individual with a disability, even though that individual can do the job with a reasonable accommodation. Tangentially, an…

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Did a middle school break the law because it allegedly fired a teacher for discussing her pansexuality in class?

Probably not. My Google Alerts were blowing up this weekend with reports of the story: Florida teacher allegedly fired after discussing sexuality with students Florida Teacher Fired for Discussing Sexual Orientation Sparks Debate Teacher Says She Was Fired After Talking to Students About Sexuality Most of the reports I read…

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Healthcare CEO gets fired after viral TikTok video altercation with a boy in a red dress, sues Kathy Griffin.

I’ll take “blog post titles that I never thought I’d be using in 2022 ever” for $500. On this blog, I’ve often said that employees may have freedom of speech on social media. But their actions can have consequences at work because there is no corresponding constitutional right to a…

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Two gifts for employers from the U.S. Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission (EEOC) is providing strategies for employers to expand employment opportunities for workers with unemployment gaps. And there’s also a double-secret EEO-1 Component 1 Report filing extension. Employing the unemployed Last week, the EEOC and the U.S. Department of Labor’s Office of Federal Contract Compliance…

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Can an employee legally be fired for using over-the-counter CBD products?

Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…