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The Employer Handbook Blog

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Here’s a list of things that don’t count as retaliation, starting with making faces.

Image by Please Don’t sell My Artwork AS IS from Pixabay When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands. But, how…

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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

Image by Please Don’t sell My Artwork AS IS from Pixabay Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side…

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60 years after the NY Yankees rejected her, a woman finally got that bat girl job

Groupe Canam. Services fournis:Conception-ingénierie Dessins par InteliBuild FabricationUsines de fabrication: Saint-Gédéon-de-Beauce, QCQuébec, QC, CC BY-SA 3.0, via Wikimedia Commons I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light. Whatever.…

Posted in: Sex
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The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace

Marielam1, CC BY-SA 4.0, via Wikimedia Commons Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964.  Yesterday, the Supreme Court…

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The EEOC is suing a work placement agency for individuals with disabilities for, yep, disability discrimination.

MikeRun, CC BY-SA 4.0, via Wikimedia Commons I really wanted to use the Spiderman meme here. But to avoid any potential copyright issues, please accept this cheaply executed facsimile — not in counterparts — instead. And here is some music to hammer the point home. I see something like this…

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The House wants to make it easier to bring age bias claims. But will the Senate co-sign?

David Maiolo [CC BY-SA 3.0], via Wikimedia CommonsSince I’m going to see most of you at Noon EDT today for The Employer Handbook Zoom Office Hour — register here if you haven’t already — I’m going to keep today’s blog post brief. The Age Discrimination In Employment Act makes it unlawful for…

Posted in: Age
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Oh, hell no! Did an employer discriminate by not excusing a Christian employee from fingerprinting?

Image by Hebi B. from Pixabay The U.S. Equal Employment Opportunity Commission seems to think so. Here’s more from a recent press release announcing a Title VII lawsuit against a Midwest employer for refusing to accommodate a Christian employee who refused to have his fingerprints taken: The EEOC’s pre-suit investigation…