Articles Posted in Discrimination and Unlawful Harassment

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Last night, in an American Bar Association study, I read that juries decide less than one percent of federal civil cases. Sometimes parties win on motion. But most of these cases settle somewhere along the way. Knowing this — and considering the cost of litigation — it shocks me that more businesses don’t attempt to resolve employment disputes pre-litigation.

So, in a few hundred words and with the help of some recent statistics from the U.S. Equal Employment Opportunity Commission, I’m going to try to convince you to jump on the early mediation train. Continue reading

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Yesterday, the U.S. Equal Employment Opportunity Commission shared new guidance for employers to avoid caregiver discrimination issues for employees with caregiver responsibilities during the COVID-19 pandemic. The EEOC included a new section on caregivers/family responsibilities in its ongoing COVID-19 FAQ, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other “EO Laws.” There’s even a new short video explaining caregiver discrimination in English and Spanish.

The EEOC has a clear message for employers when employees need time away from the office to care for others.

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Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination.

That begs the question: when is COVID-19 a disability under the Americans with Disabilities Act?

I’ll supply a fact pattern. You grab a gavel, black robe, and perhaps one of those white wigs, and we’ll see what you think. Continue reading

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