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Legal Compliance

A Cautionary Tale on What Happens When You Botch a Litigation Hold

April 1, 2013
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As soon as you reasonably anticipate litigation, you have an absolute duty to implement a written litigation hold that both instructs employees to preserve paper and electronic records relevant to the case, and suspends any automated processes that otherwise might result in the destruction of such records.
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Accommodating Disabled Job Applicants is No Game

March 20, 2013
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If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
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What Do You Do If You Doubt an Employee's Disability?

March 12, 2013
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I hope that I don't have to lecture any of my readers about what is wrong about denying accommodations and firing disabled employees. What rights do you have, however, if you doubt the legitimacy of an employee's claimed disability?
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Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
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Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
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New FMLA Forms and Posters Coming Next Week

February 28, 2013
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The U.S. Department of Labor recently issued new FMLA regulations. The substance of these new regulations, which go into place March 8, relate to the FMLA's military leave provisions and airline flight crew personnel.
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Religious Objections to Health Care Requirements

February 22, 2013
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Sakile Chenzira sued her employer, claiming she was discriminated against because of her religious beliefs in veganism. The U.S. district court ruled that veganism could be considered a “religious practice” and that Chenzira may have a plausible bias claim against the hospital.
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U.S. Labor Department Seeks Clamp Down on Union Activity Advice

February 20, 2013
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In June 2011, the Labor Department dropped a bombshell, proposing that the advice exception be substantially narrowed because the broad reading of the exception had resulted in the 'underreporting' of persuader activity.
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Obsessing (Compulsively) Over Reasonable Accommodations

February 19, 2013
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You need to have a dialogue with an employee about reasonable accommodations. Without opening the channels of communication, you will never know what is feasible. More importantly, without the dialogue, you probably have not satisfied your obligations under the ADA.
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FMLA Compliance Is Not as Easy as the Labor Department Says

February 12, 2013
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What do these results mean? It means that either the Labor Department found the only sample of employers in the country who have no issues managing FMLA compliance, or the Labor Department put so much spin on its survey results that its conclusions are not credible.
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