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Articles Tagged with ''discrimination''

Nonprofits, Volunteers and Labor Relations

November 17, 2014
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By relying heavily on the lack of payment to show lack of control, the 6th Circuit drew a line that will be difficult for most bona fide volunteers to cross to demonstrate employment status.
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Title VII’s Transgender Protections

November 5, 2014
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The time is coming when LGBTQ discrimination will no longer be allowed. I suggest you get on the bandwagon now, and send a signal to all of your employees that you are a business of inclusion, not one of bigotry and exclusion.
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The Times are Changing for LGBT Discrimination

October 28, 2014
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Employers can, and should, adopt progressive anti-discrimination policies that make it clear they embrace inclusion for all employees, even if Title VII still permits discrimination against some.
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Do Personality Tests Pass the ADA-Compliance Test?

October 14, 2014
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If you are considering using personality tests to screen applicants or current employees, tread carefully and not without the input of your employment counsel.
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The Difference Between Sexual Discrimination and Sexual Favoritism

October 8, 2014
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What is the difference between sexual discrimination and sexual favoritism? The former is illegal, while the latter isn’t.
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When the Same Actor Hires and Fires, Discrimination is Unlikely

September 30, 2014
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If you are faced with a discrimination case in which the same actor is accused of firing after hiring, you will have a great defense to the claim.
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EEOC Should Do as it Does, Not as it Says

September 24, 2014
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If the EEOC has policies that screen-out certain felons, then the EEOC should not publish enforcement guidance that limits this practice, and should not pursue litigation that challenges this practice.
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How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
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The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
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A Diverse Workforce is the Best Defense for a Discrimination Claim

September 18, 2014
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What’s the best defense to a discrimination claim? Hire others in the same protected group.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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