The Employer Handbook Blog
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Oh, did I mention that the plaintiff was the HR Manager?
Bruh…
Articles Posted in Discrimination and Unlawful Harassment
Why was there an employment law trending on Twitter yesterday? Oh, I think I know.
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The Supreme Court has agreed to decide whether the prohibition against sex discrimination in Title VII also covers discrimination based on sexual orientation and gender identity.
In other words, are there LGBT legal rights in the workplace? Continue reading
How in the world did a DEAD person get suspended for racist behavior?!?
Uncredited [Public domain], via Wikimedia Commons
The readers have three follow-up ADA questions about job applications. Let’s answer them.
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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”
“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.
In other words, questions that were designed to elicit information about whether an individual has a disability.
Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.
For everyone’s benefit, let’s address those questions today. Continue reading
If your job applications look anything like this, well, damn, you’ve got some ADA problems.
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I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.
It wasn’t.
Continue reading
Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?
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Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.
But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?
285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.
Lorimar Productions/NBC [Public domain], via Wikimedia Commons
Some may even consider Sybil to be ‘crazy.’
Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading
The EEOC just announced its 2018 performance numbers. Here are three things employers need to know.
Spoiler Alert: the Federated States Of Micronesia had zero charges of discrimination Continue reading
Imagine being forced to re-employ the person who claims that your company discriminated against her.
Public Domain, Link
Many people forget that federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, contemplates reinstatement of an employee as a remedy for discrimination. Continue reading
Looks can be deceiving. Morbid obesity isn’t necessarily a disability.
Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.)
Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. Continue reading