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When it comes to avoiding claims of age discrimination, consider the optics

Photo via Good Free Photos
For example, consider a lawsuit that the U.S. Equal Employment Opportunity Commission filed a few weeks ago. Continue reading

Photo via Good Free Photos
For example, consider a lawsuit that the U.S. Equal Employment Opportunity Commission filed a few weeks ago. Continue reading

Image by Gerd Altmann from Pixabay
More than ever, American workplaces are emphasizing diversity by targeting hires of different races, religions, ethnicities, genders, cultural and educational backgrounds, work experience, etc. This variety promotes different viewpoints, better problem-solving, a just a more dynamic workplace. Generally, this results in businesses attracting better talent, reducing turnover, and improving the brand and reputation.
But, with different backgrounds may come a different appreciation of social norms.
I have an example for you.
By Jfacew at the English Wikipedia, CC BY-SA 3.0, Link
Let’s say that you learn that one of your employees is testifying as a witness in a discrimination case against another company in your industry. That doesn’t sit right with you. So, you tell this employee that you’ll fire him if he testifies.
Is that legal? Or is that, perhaps, retaliation? Continue reading

By Henry Mitchell Restoration by Godot13 – Mitchell, Henry (1876) The State Arms of the Union, Boston: L. Prang & Co., Public Domain, Link
City and state-mandated paid sick leave is so 2018.
In 2019, the State of Maine has decided up the ante by requiring most private employers to provide paid leave for any reason. Continue reading

Image Credit: Photofunia (http://photofunia.com/results/5cf79c07846d78c44a8b4599)
Well, this just got interesting. Continue reading

Image by Steve Buissinne from Pixabay
Last week, I participated on a panel on which a few of us employment lawyers discussed the pitfalls and best practices for dealing with issues related to employee opioid and marijuana use in the workplace. Continue reading

Image by InspiredImages from Pixabay
Continuing yesterday’s HR Compliance 101 theme, I revisited the EEOC Newsroom and found a recent release that addresses some considerations for when you have an employee that needs leave from work to treat for an illness.
Today’s lesson is a pragmatic and compassionate approach to providing accommodations under the Americans with Disabilities Act.

Image Credit: Tommy Boy (screenshot from Vimeo.com)
Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting:
“I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come back there and hit you in the head with a tack hammer.”
Ultimately, I decided that it was bad form. One could reasonably construe my use of that quote as antagonizing and bit snarky. Moi?!?
So, I’m using it for this blog post instead. Continue reading