Articles Posted in Hiring & Firing

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Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading

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On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.

This could have been avoided. Continue reading

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Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who use medical cannabis to treat.

For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not protect individuals with actual disabilities who lose their jobs for testing positive because the ADA does not protect individuals engaging in “the illegal use of drugs” within the meaning of the statute.

But what if the employee does not have an actual disability? Continue reading

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Last week, the Associated Press reported that the U.S. Drug Enforcement Administration would move to reclassify marijuana (cannabis), moving it from Schedule I, where it’s currently listed with heroin and LSD, to Schedule III, with as less dangerous doctor-prescribed drugs like (Tylenol with codeine) and testosterone. Continue reading

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In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and gaining national recognition for himself and the marketing program he developed.

And then, seemingly out of nowhere, he was fired. Continue reading

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I want to tell you about an Army reservist whose employer investigated him for taking fraudulent leave. That investigation spawned a grand jury indictment for theft. The employee was booked, detained in jail, suspended from his job, and eventually fired.

Yada, yada, yada, a federal jury awarded the employee $1,500,000. Continue reading

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A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.

Whoa, whoa, whoa! Hold up. Continue reading

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