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The Employer Handbook Blog

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Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA

I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.…

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Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.

You’re not a doctor. (Unless you’re a doctor.) So don’t act like one when deciding which of your employees may be a direct threat to others at work. (Unless you like defending Americans with Disabilities Act claims). Here’s an example. Last week, the U.S. Equal Employment Opportunity Commission announced (here)…

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New employment laws may not just expose employers to liability; they may double it!

Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more recently taken effect. Take the PUMP for Nursing Mothers Act, for example. The PUMP Act, which amended the Fair Labor Standards Act, took effect in December 2022. It provides additional workplace…

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What’s next? I’m a founding partner of one of the largest law firm launches in American legal history.

I am thrilled to share that I am one of the founding partners of a new, technology-driven, full-service law firm called Pierson Ferdinand, LLP. There’s an extensive article today about Pierson Ferdinand in The American Lawyer. But I want to tell you even more about the firm! Beginning this week, the…

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What do you think? Is this a hostile work environment? (Spoiler alert: no.)

Some jobs stink. But that doesn’t make the office a “hostile work environment.” For example, last night, I read about a manager whose employer transferred her to a unit facing a backlog of 12,000 cases. Following the transfer, the manager claimed she endured “constant negative treatment,” was the only one…