Articles Posted in Discrimination and Unlawful Harassment

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Hundreds of large employers, including Amazon, T-Mobile US, and Cox Communications allegedly engaged in the unlawful practice of excluding older workers from receiving job ads on Facebook for open positions at their companies, claim the Communications Workers of America (CWA) and three workers. Together with powerhouse law firm Outten & Golden, they filed this class action lawsuit yesterday in California. Continue reading

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In November, The New York Times suspended reporter Glenn Thrush pending its investigation of inappropriate sexual behavior. Yesterday, the paper announced that Mr. Thrush’s suspension would continue into 2018. But, after that, he would remain with the paper.
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Last Thursday, the Third Circuit of Appeals issued this opinion in Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, in which the court addressed religious accommodation and flu shots. Specifically, the court focused on what constitutes “religion” under Title VII of the Civil Rights Act of 1964.

So, rather than write this up as a blog post, I thought I’d enlist the help of two family members who apparently enjoy flu shots; namely, my older son Brooks (8) and my older daughter Ivy (6). Continue reading

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I’m used to it by now.

Maybe it’s a conversation at a networking event or a question from the audience at an HR session. You know what I’m talking about. That hypothetical legal question (with three follows ups) that someone asks for a friend (while everyone else rolls their eyes).

Look. It’s cool. I get it. No hard feelings.

And to prove it, I’ve got a bunch of freebies to maybe save you another call to your lawyer. Continue reading

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Ironically, it happened on the same day that President Trump nominated U.S. Equal Employment Opportunity Commission Commissioner Chai Feldblum, a true champion of LGBT workplace rights, to serve a third term at the EEOC. Yesterday, the U.S. Supreme Court declined to grant certiorari in Evans v. Georgia Regional Hospital.

In plain English, the Supreme Court passed.
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Thank you to everyone who tuned in to “The Employment Law Year in Review” webinar we hosted yesterday. A couple of housekeeping items:

  • If you signed up, Jon Hyman will be emailing you a link to both the slide deck and a recording of the presentation. And here are the cheat codes for people who didn’t sign up [video // slide deck]
  • Because lawyers love to talk, we ran out of time to address audience questions yesterday. Sorry about that. However, if you attended and still have unanswered hypothetical questions .. the ones that you’re asking about for a friend, please email me. As one attendee found out yesterday, include your phone number in that email and I may just give you a call. I can’t dispense free legal advice on specific issues, but we can fix that. Otherwise, we can talk about those hypothetical questions of yours.
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Town Crier Billy ClarkFor those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading

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