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The Employer Handbook Blog

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How much social media discovery can you get from an employee who sues you for discrimination?

Ibrahim.ID, CC BY-SA 4.0, via Wikimedia Commons It depends. (Sorry). But, for added context, I love this quote from a recent Maryland federal court opinion: [There are] complexities in relying on a party’s social media postings as an unvarnished chronicle of their lives or a contemporaneous journal of their true…

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Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁

Stephanie Astono Salim, CC BY-SA 4.0, via Wikimedia Commons Yep, we’re celebrating! On June 15, 2020, 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 violated Title VII of the Civil Rights Act of 1964.…

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A federal judge has issued the first ruling on mandatory COVID-19 vaccinations at work. And His Honor is spittin’ 🔥🔥🔥

Image by Shafin Al Asad Protic from Pixabay As the kids say, I’m 💀💀💀. The setup In early April, a hospital announced a policy requiring all employees to receive the COVID-19 vaccination by June 7.  So over 100 employees sued in federal court, seeking an injunction to stop the mandate.…

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Creating a new “job sharing” position is not a reasonable accommodation

Got Credit, CC BY 2.0, via Wikimedia Commons You work for a progressive employer. Flexible work arrangements? For sure! Your company’s flexible work policy permits telework, flexible hours, and part-time work and with manager approval. But, flexible work arrangements are not an entitlement. Managers will approve or deny a flexible…

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WARNING: This pregnancy discrimination lawsuit might make your brain explode 🤯

Image by Klaus Hausmann from Pixabay Imagine requiring a job applicant to reveal whether she is pregnant. That’s bad! And what if that was a company policy? That’s worse. But, let’s suppose that the company’s policy of disclosing pregnancies is IN WRITING. Ho-Ley 💩‼ These are just some of the…

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It’s time to reassess dress codes … before the ACLU darkens your door too

Sodacan, CC BY-SA 3.0, via Wikimedia Commons An international airline is learning this lesson the hard way. Last Friday, the American Civil Liberties Union announced that it had sent this letter to a northwest-based airline on behalf of a non-binary employee demanding that it “stop enforcing a uniform policy that…

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Look into your COVID-19 crystal ball. Tell me what you see.

Image by nvodicka from Pixabay The U.S. Equal Employment Opportunity Commission has invited me to present at its Examining Conflicts in Employment Laws (EXCEL) Training Conference —  the premier federal training conference for EEO managers, supervisors, and practitioners. I’ll be part of a hot topics panel on June 16, where…