Articles Posted in Discrimination and Unlawful Harassment

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Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)

The short answer is no.

The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading

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Image Credit: https://www.maxpixel.net/Online-Dating-Email-Love-Letter-Email-Love-Tinder-4479544

Earlier this week, the U.S. Equal Employment Opportunity Commission provided additional information on religious objections to workplace vaccine requirements to its growing technical assistance manual. Thank you.

But, yesterday, one of the EEOC Commissioners emailed me the actual form that the EEOC uses to process religious accommodation requests.

THANK YOU! Continue reading

Seal of the United States Equal Employment Opportunity Commission.svg

By U.S. Government – Extracted from PDF file here, Public Domain, Link

Without any fanfare or press release (sigh), the U.S. Equal Employment Opportunity Commission updated its list of frequently asked questions entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

The update is limited to guidance on vaccinations. So, you’d think that it would be easy to tell what the EEOC updated.

Yeah, you’d think that.

Continue reading

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Image by torstensimon from Pixabay

Ever since a federal judge in Texas upheld a workplace COVID-19 vaccine mandate back in June, the consensus among judges and lawyers was that employers could require workers to get a COVID-19 shot as a condition of employment.

But, recently, the State of New York was accused of taking its vaccine mandate for hospital and nursing home staff to the next level. Continue reading

An employer has a policy that permits employees to work remotely one day every two weeks. An employee with a disability (PTSD and anxiety disorders) requests to work remotely twice per week and work weekends to make up for any lost time.

That seems like a reasonable accommodation.

Or not so much, according to a recent Tenth Circuit Court of Appeals opinion. I’ll explain to you why. Continue reading

Restroom signs

daveynin from United States, CC BY 2.0, via Wikimedia Commons

Do you remember that scene in The Shawshank Redemption where Morgan Freeman’s character ‘Red’ is working the checkout line at a local grocery store? After he finishes bagging someone’s items, he looks over at his manager and says, “Restroom break, boss?”

The manager then motions Red over and tells him, “You don’t need to ask me every time you need to go take a piss. Just go, understand?” Continue reading

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