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The Employer Handbook Blog

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Rules for thee, not for me? Jury awards judge’s staff attorney a $1.1M religious discrimination verdict.

I did a double take when I received an email alert late Friday with the subject line: “BREAKING: Ohio Judge Hit With $1.1M Verdict For Firing Jewish Staff Atty.” Sure enough, a jury awarded $1,120,000 ($835,000 in back pay, $250,000 in compensatory damages, and $35,000 in punitive damages) to an…

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Step aside, FTC. A bipartisan group of Senators has renewed legislation to ban most noncompetes

Who knew the handcuff graphic would get so much use in 2023? And it’s only the beginning of February! Early last month, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote all about it and then spent another hour talking about it.…

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Talk to your employees about current events before they talk to (or exclude) your customers

Yesterday was the funeral for Tyre Nichols, a 29-year-old Black man. Last month, Memphis police pulled over Mr. Nichols for allegedly reckless driving. But body camera footage captured five police officers beating Mr. Nichols following the stop. He later died. The five officers were charged with murder, and protests took…

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A coworker supposedly used the N-word “all the time” at work. Case dismissed. Here’s why…

No workplace is perfect. And the one I read about last night was far from it. The plaintiff, who is black, alleged that one of her coworkers called her “loud and black” and “ghetto” behind her back. She further claimed that another coworker repeatedly used the N-word in the office…

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A step-by-step guide on how to go from semi-pro hockey player to unemployed in just a few tweets.

It’s 2023. When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech? Our recent addition to the unemployment line is a semi-professional hockey player in Illinois. He…

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Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?

Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. In writing. (Although, there is an exception for people with a disability.) I can only imagine the job interview: “Hey,…

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For this employer, if only the EEOC’s hearing disability guidance had come out sooner

Yesterday, I told you about the EEOC’s new resource document for assisting individuals with hearing disabilities. Today, I’ll tell you how the Second Circuit Court of Appeals breathed new life into the failure-to-accommodate claims of a deaf individual who worked as a case manager for a city’s Human Resources Administration…

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The EEOC has a new resource document for assisting individuals with hearing disabilities

If you’re an employment law nerd like me, in addition to being the envy of your neighborhood, you also know that the U.S. Equal Employment Opportunity Commission does not shy away from bringing failure-to-accommodate claims on behalf of deaf individuals. Look at all of them! With limited resources at its…

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Thinking about checking your employee’s Gmail account? Stop and read this first.

A couple of years ago, I blogged (here) about a company that installed spyware to monitor an employee’s Facebook Messenger activity, discovered a nefarious plot to secure client information and intellectual property, and obtained an injunction to stop the employee from starting a competing business. But there are legal limits…