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The Employer Handbook Blog

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A Tennessee man who claims he was fired from his job over tweets made in California can sue that person in Tennessee

I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on Friday, November 10, 2023, when we discussed antisemitism and the workplace. We recorded it, and you can view it here on YouTube. One of the topics we covered was employees getting…

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Today, at Noon ET, join us for “Antisemitism and the Workplace” on Zoom. It’s free to attend.

There is still time to register to join me, Amy Epstein Gluck, Jonathan Segal, and Gregory Slotnick at Noon ET today to discuss antisemitism and the workplace. Here are some of the more specific topics we intend to cover. What is (and isn’t) antisemitism? Regardless of your religion, how employees can act…

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The “E” in injunction stands for “evidence.” (Who’s gonna tell him there’s no…)

  Ready. Fire. Aim. That’s often the approach companies take when they learn that a former employee with restrictive covenants like a noncompetition or nonsolicitation agreement has gone to work for a direct competitor. Many rush into court demanding that a judge enter a temporary restraining order or preliminary injunction…

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This recent federal court decision makes me further question the utility of drug testing for most positions.

Let’s see if you agree with me. The defendant operated a hotel and event venue. The plaintiff had an opioid addiction and had been prescribed methadone to treat her addiction. She took methadone daily. In 2021, the plaintiff applied for the position of banquet bartender with the defendant. The plaintiff…

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A woman was reprimanded after complaining about sexual harassment. That’s usually not retaliation. Here’s why.

I’ve defended way more retaliation lawsuits than I can recall. The facts and circumstances may vary, but the law doesn’t. A plaintiff claiming retaliation generally must: (1) engage in protected activity (e.g., an internal complaint of discrimination or participate in an EEOC proceeding); (2) suffer a materially adverse employment action;…

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Join us on 11/10/23 at Noon ET for The Employer Handbook Zoom Happy Hour: Antisemitism and the Workplace

Antisemitism is nothing new. About a year ago, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views of Jewish individuals and their perception of antisemitism in the workplace. Of those surveyed – remember, these are the people making the hiring decisions — 29% said antisemitism is acceptable in…

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An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?

The U.S. Army employed a “septuagenarian civilian doctor.” Well, at least it used to. The Army ended his employment as Chief of Surgery and replaced him with a military officer half his age. So, he sued the Army for age discrimination. As part of discovery, the record confirmed that the…

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“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!”

If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation because she and other females were paid less than the “local industry standard.” But, the Fourth Circuit Court of Appeals wasn’t buying the ‘back-of-the-envelope math’ the plaintiff was selling. Allow me to…

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REMINDER: Employers can start filing their 2022 EEO-1 Reports

Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at that moment that I remembered that the sweetest part of Halloween, the real HR nerd candy, was that the U.S. Equal Employment Opportunity Commission had announced the opening of 2022 EEO-1…

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Can an employer exclude older job applicants for marketing purposes?

The U.S. Equal Employment Opportunity Commission doesn’t think so. Last week, the EEOC announced that it had sued a company called “Meathead Movers,” the largest independent moving company in California, for allegedly refusing to hire people based on age. Here’s more from the press release: The EEOC’s lawsuit charges that…