Articles Posted in Discrimination and Unlawful Harassment


Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful.

Instead, it’s about doing what’s reasonable based on the information available at the time.

I’ll explain. Continue reading

While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical Assistance to include additional information on retaliation.

Anything 🤯?  Continue reading

In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women —  receive unfair treatment based on inherent hair texture and protective hairstyles, like braids, locs, and twists. Why, yesterday, Tempe became the second city in Arizona to pass a hair discrimination ban.

There’s nothing explicit under federal antidiscrimination law, like Title VII, that outlaws hair discrimination. But, that hasn’t stopped the EEOC from pursuing related claims for race discrimination. Continue reading

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form by Jason Tropp from the Noun Project

Before I tell you which COVID-19 religious accommodation form you need to trash right away, don’t forget that today is the big, free live Zoom on the new OSHA vaccine-or-test mandate. Join me and my partners Amy Epstein GluckDavid RennerSid SteinbergGordon Berger at Noon ET. Register here ( Continue reading

Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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