Articles Posted in Discrimination and Unlawful Harassment

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Image Credit: Photofunia.com (http://photofunia.com/results/5b90809e846d78530d8b45d5)

The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?

Or better yet, can nonessential functions of a particular job later become essential ones?

That’s what we’re going to explore today. Continue reading

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Dutch rating 16

By Nederlands Instituut voor de Classificatie voor Audiovisueel Materiaal (NICAM) (http://www.kijkwijzer.nl/upload/download_pc/7.pdf) [Public domain], via Wikimedia Commons

By the time you read this, I should be blissfully cruising in the Atlantic outside the range of any cell towers. However, between now (Saturday afternoon) and Monday, I am feverishly punching out 5 blog posts to hold you over until after Labor Day.

Will I sacrifice quality for quantity? Since you’re not paying me anything to blog, you bet I will. Hopefully, you won’t see it that way. But, if feel otherwise, go jump in a lake I’m sorry. Continue reading

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Public Domain, Link

It’s right there in the statute.

Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity.

Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.

“Speak, English, Eric!”

LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading

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Asia Argento Cannes 2013 2

Georges Biard [CC BY-SA 3.0 ], from Wikimedia Commons

Over the weekend, there were several reports (including this one from Kim Severson at the New York Times) that Asia Argento paid out a large settlement to a man who accused Ms. Argento of sexually assaulting him in a hotel room when he was 17 years old.

Asia Argento is one of the women who had accused Harvey Weinstein of sexual assault. She is also a leading advocate for the #MeToo movement. Continue reading

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Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/)

By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. Continue reading

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Washington Dulles International Airport at Dusk.jpg

By Joe Ravi, CC BY-SA 3.0, Link

Surely, you remember the days (weeks) of horrible headlines that dogged United Airlines after the incident in which passengers filmed security dragging down the aisle a bloodied passenger who refused to give up his seat to an airline employee.

Well, United may soon be back above the fold again. And it’s for all the wrong reasons. Continue reading

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