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The Employer Handbook Blog

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I’m just going to leave some not-so-subtle hints here about how to up your company’s harassment-training game

Image Credit: Photofunia.com Still recovering from a late night of Super Bowl watching, I was looking forward to mailing it in today with a blog post that isn’t exactly going to break any word-count records. So today, I tip my hat to my friends at Wolters Kluwer Employment Law Daily who…

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Don’t forget leave as an ADA accommodation. (Yeah, that’s right. Leave!)

Image Credit: Photofunia.com Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here). In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled…

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In hindsight, maybe re-hiring the guy who allegedly drugged and assaulted a female co-worker was a bad choice.

Image Credit: Pexels.com You know what? Strike that. Milk was a bad choice. When a car dealership allegedly rehired the guy who supposedly drugged and assaulted a female co-worker — now the plaintiff in this action — it bought itself a viable hostile work environment claim. They did what now? According…

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Hey Handbook! Do we have to let our employee bring his emotional-support peacock to work?

Image Credit: Pexels.com Bet you weren’t expecting that, were you? No, peacocks can’t fly…commercial. Several news outlets are reporting that a major US airline refused to allow an emotional-support animal to board a plane at Newark Airport this weekend with its human companion. Daniella Silva’s quip from her report on…

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Plaintiff’s discrimination claim foiled by Instagram filters

Image Credit: By Ragesoss (Own work) [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsHR compliance has evolved from FMLA facebook posts to 16 shades of Instagram hair.  But first, The Simpsons. There’s an episode of The Simpsons from its third season called “Homer at the Bat.” One of the series’ greatest…

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Would you fire an employee for something she posted on Facebook … back in high school?

Image Credit: By lil wayne (Youtube) [Public domain], via Wikimedia CommonsI know of one employer that did (allegedly) [Cue music] Fired for posting rap lyrics back in high school. Over the weekend, I read this story from Jessi Turnure on ArkansasMatters.com in which Ms. Turnure reports that the Little Rock Police…

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HR to Vietnamese job applicant, ‘If you no speak English, I will send you home’

Image Credit: Pixabay.com Filed under: WTH HR I don’t have a SHRM-CP or a SHRM-SCP. Heck, I don’t have any HR certifications whatsoever. All I have is my Juris Doctorate ***Googles “Juris Doctorate”*** Yes, that’s what I have. And I specialize in employment law to boot. At least that’s what it says in my…

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A lesson on workplace drug testing and opioids

Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link One of your potential hires just completed a five-panel drug test as a condition of employment, and he tested positive for opioids. What do you do? Did your company violate the law by using a drug screen that detects opioids? No. It didn’t.…

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Will the Supreme Court sip from the FMLA ‘Holy Grail’?

Image Credit: danielle_blue on Flickr (https://www.flickr.com/photos/82705783@N00/101958911) CC BY-SA 2.0, Link Okayyyyyy! Oh, hold up. Not that Holy Grail. Back in September, the Seventh Circuit Court of Appeals gift-wrapped an FMLA opinion for local employers. I blogged about it here. In Severson v. Heartland Woodcraft, Inc. (here), the Seventh Circuit held that “a multimonth…