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The Employer Handbook Blog

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Telecommuting as an ADA accommodation: Maybe; maybe not

Much has been written lately in the blawgosphere about telecommuting as a reasonable accommodation under the Americans with Disabilities Act for qualifying disabled employees. Last month, Jon Hyman posted (here) about this case, in which a federal court in Ohio held that telecommuting may be a reasonable accommodation based on…

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NLRB’s 1st social media ruling: Slams Costco policy; greenlights defamation

It’s been a while since I’ve addressed social media policies and the National Labor Relations Act on this blog. Longer than Kim K’s marriage to what’s his name? Indeed. Methinks things at the National Labor Relations Board have been quiet lately. Maybe a little too quiet. And then… Click..click…BOOM! [Cue…

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That moment right before the pain begins: an EEOC subpoena

Back in July, I blogged here about a federal appellate court recently emphasizing just how broad the subpoena power of the United States Equal Employment Opportunity Commission really is. [Editor’s Note: the technical legal term is “crazazy broad”] Last Friday, as I was hosting the weekly dip-spit distance shot organizing…

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Want 5 court-approved workplace anti-harassment tips? Read this…

  You’ve got an anti-harassment policy. All managers and employees have copies and you just completed training on the policy for your entire workforce. Sweet! But is your policy bulletproof? I mean really bulletproof? And if an employee claims that a harasser lurks in your workplace, if sued, will a court…

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GUEST POST: Hiring obstacles that the web poses to college grads

Today we have a guest blogger at The Employer Handbook. It’s Lauren Bailey. Lauren is a freelance writer currently writing for bestcollegesonline.com. Among her preferred topics to cover, Lauren loves to write about higher education, tech in the classroom, and the college experience in general. Feel free to email her…

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Is an employee with managerial duties “similarly situated” to a manager?

  Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…

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Court grants access to plaintiff’s social media in discrimination case

Many times on this blog (e.g., here, here, and here), I’ve discussed the discovery of a plaintiff’s social media information in pending litigation. More often than not, these issues arise in personal injury actions where the defendant believes that the plaintiff’s injury isn’t as a severe as he claims it…

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POLL: Your employees post THIS YouTube video. What do you do?

Over the weekend, I heard PSY’s catchy song Gangnam Style for the first time. Coincidentally, I then read this story from Kathleen Miles on the Huffington Post about 14 Gen-Y lifeguards at a city pool in El Monte, CA, who posted this video (below, left) on YouTube spoofing the original “Gangnam…