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The Employer Handbook Blog

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Watching porn at work doesn’t necessarily create a hostile work environment for others.

Is this prurient blog title a convenient excuse to play a J. Geils Band tune on the blog? Maybe. But, still I’ll toss in a side of HR-compliance. Let’s take a trip to our nation’s capital, Washington, DC. Sharon Stewart works for the Federal Communications Commission. She sued the FCC…

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Does the ADA protect an individual who uses prescription drugs to battle addiction to illegal drugs?

  As the U.S. Equal Employment Opportunity Commission’s fiscal year comes to a close, the agency has filed a slew of discrimination lawsuits. One that caught my eye involves an employer that allegedly rescinded an offer of employment once it found out that the individual was using prescription drugs to treat…

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The power of diversity, dignity, and respect over discrimination #MondayMotivation

Oh, do I have some Monday Motivation for you! Last Friday, I spoke at an HR conference about the EEOC’s latest enforcement trends. Part of the discussion addressed stereotyping. That’s because the 2017-2021 Strategic Enforcement Plan for the U.S. Equal Employment Opportunity Commission focused on addressing discrimination based on employees’ perceptions of others.…

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NFL players take a knee and it seems like the only ones getting fired are firefighters.

I’m not writing today top rehash #TakeTheKnee. Been there, done that. Rather, today’s post is a friendly reminder to all employees out there who want to express their opinion online about this week’s NFL protests. Remember last week, that firefighter who was suspended for his Facebook post about how that he’d…

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Company’s You Show, You Go Policy violates pregnancy discrimination law, says EEOC

If what the EEOC alleges in this lawsuit is true, then this employer is stupider than stupid-stupid. From the EEOC’s press release: Really?!! An actual policy which requires an employee to voluntarily resign or be discharged once she is six months pregnant. More from the EEOC press release: “Federal law…

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How much leave from work is unreasonable under the ADA? [SPOILER ALERT: Not much]

That’s because, last week, a federal appellate court held that long-term medical leave is not a reasonable accommodation under the Americans with Disabilities Act. 12 weeks of FMLA plus 2-3 more months of leave. The case is Severson v. Heartland Woodcraft, Inc., and you can read the Seventh Circuit’s opinion here.…

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No, President Trump, NFL owners cannot legally fire players that #TakeTheKnee

And it has nothing to do with the First Amendment and freedom of speech. ICYMI, some NFL players decided to protest during this week’s games. On September 23, at a rally for Alabama Republican Senate candidate Luther Strange, President Donald Trump called upon National Football League owners to fire NFL players…

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Does the ADA require you to favor minimally-qualified disabled employees over rock-star job applicants?

It depends. (Of course, it does). Suppose that you employ someone who, during the course of his employment, becomes disabled. This disability makes it impossible for the employee to perform his current job. Enter the Americans with Disabilities Act. The ADA requires an employer to provide a reasonable accommodation to a qualified…

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This military hospital’s social media cluster-you-know-what checks all the wrong boxes

Originally, I was toying with titling this post, “What Employers Can Learn From Military Nurses Who Pose Newborns Dancing to 50 Cent, Give Them The Finger, And Then Snap A Video And Photo Captioned, ‘How I currently feel about these mini Satans.’” But, yesterday’s blog title was so long already.…