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Legal Compliance

Don’t Fire Employees After a Cancer Diagnosis

October 7, 2014
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The ADA protects cancer as a disability. Any employer that fires an employee after a cancer diagnosis is going to have big problems.
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Poorly Placed Pickles Is an Awful Reason for Discipline

October 6, 2014
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Folks, no one in their right mind is going to believe that a fast-food worker suffered discipline for poor pickle placement.
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Your 'No Loitering' Policy for Employees Could Be Unlawful

October 3, 2014
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An NLRB judge concluded that a no loitering policy unlawfully restricted employees’ rights to engage in protected concerted activity.
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U.S. Supreme Court to Take Up Issue of Workplace Religious Accommodation

October 2, 2014
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Let’s hope for some concrete guidance from the Court on this timely and perplexing issue.
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EEOC Can File Lawsuits Without Claimants

October 1, 2014
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I question whether filing lawsuits without claimants is the best use of the EEOC’s limited resources.
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The Changing Landscape of LGBT Discrimination Laws

October 1, 2014
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There are no federal laws that ban discrimination for sexual orientation or gender identity in the workplace, but companies and lawmakers are working to change that.
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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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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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Time Off for Religious Holidays

September 25, 2014
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Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.
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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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