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The Employer Handbook Blog

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How swift response to racial slurs and graffiti defused a discrimination claim

You have an employee handbook, an anti-harassment policy, training, the whole nine. But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class]. All the prophylactic measures you’ve already…

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EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.

Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…

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A restaurant posted LeSean McCoy’s receipt on its Facebook page

My mind…blown! Yesterday, the local internet feeds were flooding us with news that Philadelphia Eagles running back LeSean McCoy allegedly left a 20-cent tip at a local restaurant at which he and some friends had lunch on Monday. The “smoking gun” was a copy of what is purported to be…

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Apparently, the ADA requires accommodating an employee’s anger issues with a Shih Tzu named “Sugar Bear”

Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…

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Court won’t let jury see plaintiff’s trial-victory prediction on Facebook

Oh, come on! What fun is that? What did the plaintiff say and why won’t the court allow the defendants to present it as evidence at trial? Find out after the jump… * * * Four months after getting terminated from his job, Allan Thomas went on Facebook and bragged…

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How to curse out your boss on Facebook … and get away with it!

It’s easier than you think. Indeed, a recent decision from the National Labor Relations Board bears this out. Details after the jump… * * * Online chatter about work is still chatter about work. As we’ve discussed here before, the National Labor Relations Act, gives covered employees (that would include…