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The Employer Handbook Blog

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Yes, we get it already. Permanent light duty is not an ADA reasonable accommodation.

The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open…

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How far can employees go when discussing politics? Not very.

  Over the weekend, my HR buddy Heather Kinzie and I exchanged emails about employees discussing politics on social media. Serendipitously, a recent employee firing over an explosive tweet — yeah, I know, shocking — provides with me with some Monday fodder for you. Nancy Dillon at the the New York Daily…

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Those non-competes your employees sign probably violate federal labor law. Or do they?

Quit playing with my emotions, Eric. That National Labor Relations Board has gone and done it again! Or has it? In Minteq International, Inc., and Specialty Minerals, Inc. (you can download a copy of the decision here), the Board examined the confidentiality language in a company’s non-competition agreements: Confidential Information refers to…

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A white guy threatened to kill co-workers, got fired, and claimed discrimination. How’d that turn out?

If you were thinking, “Not well,” well, give yourself a gold star and a pat on the back. Then, register here for a free interactive webinar, “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA,” that I’m presenting with Cigna’s Robyn Marino, Esq. on Wednesday, August 24, 2016 12:00 – 1:00 PM ET. Did I mention that it’s…

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“A person can be married on Saturday and then fired on Monday for just that act.”

The lede comes directly from last Thursday’s much anticipated decision, in which the Seventh Circuit concluded in Hively v. Ivy Tech Community College (opinion here) that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination statute, does not protect workers from discrimination based on LGBT status. Title VII…

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Join me for a free webinar on 8/24: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…