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The Employer Handbook Blog

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In its war on background checks, the EEOC loses a major early battle

Late last year, in this post, I highlighted the six issues that the United States Equal Employment Commission prioritized in its Strategic Enforcement Plan.  Numero uno is eliminating barriers in recruitment and hiring. Even before it released its Strategic Enforcement Plan, earlier in 2012, the EEOC telegraphed that it would…

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It’s THIS easy to be considered disabled under the ADA

When the Americans with Disabilities Act Amendments Act went into effect in 2009, it significantly lowered the bar for proving a “disability.” How low did it go? [cue ironic music, you’ll see in a sec…] You’ll see how low when your employee — like you and I — suffers from “episodic” (that’s…

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Want a really stupid adjective to use on an employee’s performance review?

Then I suggest “ghetto.” Consider this your performance review ProTip for Tuesday, courtesy of this recent decision from a Texas federal court, in which an employer’s summary judgment motion was denied, and a Mexican-American plaintiff’s race and national origin discrimination claims will proceed to trial. The smoking gun, it seems,…

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Judge dismisses “Borgata Babes'” claims of weight discrimination

Sex sells. So, when 22 female cocktail servers at an Atlantic City casino pursued claims of discrimination based on their appearance, it came as little shock to me that the judge wasn’t buying. Last month, a New Jersey state court dismissed a lawsuit against the Borgata Hotel Casino & Spa,…

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Man pays court-ordered settlement in quarters — 600,000 of them!

//www.youtube.com/watch?v=odY8nff3h0w Yes, quarter. Seriously, how pissed off do you need to be to pay out $150,000 of a court-ordered settlement in quarters? Jacob Gershman of The Wall Street Journal‘s Law Blog, writes here that a retired surgeon had a unique way of expressing his displeasure with having to pay out…

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An employee who sleeps on the job may still be qualified under the ADA

That George Costanza was definitely on to something. A federal court in Virginia (here) recently denied an employer’s attempt to dismiss the complaint of a former employee who claimed that his rights under the Americans with Disabilities Act were violated when his employer failed to accommodate him by waking him…