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The Employer Handbook Blog

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EXCLUSIVE(ish)! Philly Chamber sues to block new law banning job interview questions about salary history

Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23. Early Thursday morning, Philly.com’s Tricia L. Nadolny reported here that the…

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What went down at the EEOC Meeting on the State of the Workforce and the Future of Work?

So, glad you asked. In a nutshell, the consensus was that training, vocational and apprenticeship programs are essential to creating more employment opportunities for workers. While technology and removing barriers for folks with disabilities could create more opportunities for more educated workers; one panelist cited President Trump’s push for infrastructure investment as…

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A federal appellate court finally recognizes LGBT rights at work

The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964. Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College. Let’s start with the court’s…

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How the heck does a plaintiff without a disability go to trial on her ADA claims?!?

The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions…

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Did HR do a bus driver with a disability dirty? How you can avoid the same apparent mistake.

Not cool, dude. Hatter v. WMATA (opinion here) involves an individual with sleep apnea who applied for a bus driver position. He got the job conditionally, but later had the offer rescinded. What happened?!? Well, the offer was rescinded because the plaintiff chose not to submit sleep apnea test results to…

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Ok, I’ll bite. Why did Cracker Barrel fire Brad’s wife?

In case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what. If you’re late to the party, and don’t have a clue what I’m talking about, read these posts: Why did Cracker Barrel fire Brad’s wife? The Internet demands…

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2d Cir kicks the can on LGBT rights at work under Title VII. None yet, but maybe soon…

It was déjà vu all over again yesterday. In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation. Like the Eleventh Circuit a few weeks ago, a three-judge…

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70,000 reasons not to fire a witness for participating in a sexual harassment investigation

You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964. But, Title VII’s anti-retaliation provisions are much broader than that. Title VII prohibits employers from retaliating against an employees who oppose unlawful harassment…