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I’ll give you nine examples of what the law does NOT consider retaliation.

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Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. Continue reading

Image Credit: Photofunia.com
Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. Continue reading

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While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show.
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.

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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

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Possibly as early as next week, reports NBC News. Continue reading
AnonMoos based on image by Darwinek, CC BY-SA 3.0, via Wikimedia Commons
First it was Montana. And now Texas has become the second state to prohibit vaccine mandates. 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
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

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Earlier this week, the U.S. Department of Justice announced that a Texas man received 15 months in prison for perpetrating a hoax related to COVID-19 after a federal jury found him guilty of two counts of 18 U.S.C. § 1038, which criminalizes false information and hoaxes related to biological weapons.
Here’s more from the press release:
Famartin, CC BY-SA 4.0, via Wikimedia Commons
Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination by employers.
Hey, I’m not complaining. Changes like these will help pay to put my kids through college. But let’s see what this latest amendment is all about. Continue reading