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The Employer Handbook Blog

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Dude, you were fired for fellatio jokes, not your disability.

Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…

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Remember, you guys. The “L” in FMLA stands for Leave.

This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act. Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep,…

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Burn these job interview questions. Send ’em to hell!

Kinda like this, but different. According to a recent survey from CareerBuilder.com, 1 out of 5 employers failed to read my 2011 blog post about interview questions to avoid, have asked a question in a job interview only to find out later that it was illegal to ask. Indeed, the poll…

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EEOC: U.S. Army’s bathroom restriction on transgender employee was sex discrimination

Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: bathroom use. On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and…

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A white employee tossed banana peels at work, and HE claims discrimination. He might WIN too.

Where do I find these cases, you ask? Well, I sold my soul, and a stack of Billy Ripken baseball cards, to the devil a long time ago. I ain’t telling. But seriously, this case isn’t so much about the particular facts… White employee tosses banana peels at work Black employees complain…

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Noting “Health Reasons” on a termination form could indicate disability bias

Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…