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The Employer Handbook Blog

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Blaming the victim is a bad way to respond to a sexual harassment complaint

Indeed, it cost a southern baptist church $25,000. According to this press release from the U.S. Equal Employment Opportunity Commission, the church is writing that check because: One of its kindergarten teachers complained that the pastor, who was also the school superintendent, had been sexually harassing her; Church officials informed…

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Arm the torpedoes! Full speed ahead with lawsuit against new DOL overtime rules!

There are 85 days left until the new U.S. Department of Labor overtime rules take effect. However, according the a recent report from Chris Opfer and Ben Penn at Bloomberg BNA (here; subscription required), the U.S. Chamber of Commerce is ready to sue. What might the lawsuit say? Under the new…

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165,000 reasons to remember that associational discrimination violates the ADA

165,000 reasons meaning 165,000 dollars. But, you probably figured that out. What the heck is associational discrimination? Well, funny you should ask because, last Summer, I had a post about it. In the context of the Americans with Disabilities Act, associational discrimination occurs when a company excludes or otherwise denies equal jobs…

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This, right here, is why a good workplace investigation is EVERYTHING!

You received a complaint of sexual harassment from a female employee against a male co-worker. So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly…

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Can you sue an employee for filing what seems to be a false EEOC charge?

There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December. Do you like defending retaliation claims? Let’s go back to yesterday’s retaliation post for a sec. What you’ll find is a non-exclusive list of examples of behaviors that could be considered retaliatory.…

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Today’s Special: Retaliation. Everything you’ve ever wanted to know.

Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled. Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a…

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The EEOC has no chill for your discriminatory prescription drug use and hiring policy

Do you require potential hires to pass a drug test as a condition of employment? If so, there are some limits as to what you can do. For example, the Americans with Disabilities Act is the federal law that make it unlawful for employers to discriminate based on a disability. While nothing in the…

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Pish-posh to everything we ever knew about litigating discrimination claims

I feel naked. And, I have the vapors. Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching. Evidence is evidence. Someone once described the Seventh Circuit Court of Appeals to me as a maverick court. Like the kinda court that goes to Morton’s The Steakhouse and orders a Grilled Chicken…