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Legal Compliance

Legal Briefing: Cancer and Accommodations

March 12, 2014
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Once an employer has knowledge of an employee’s disability, it must engage in an interactive process with the employee to determine if a reasonable accommodation exists.
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EEOC Issues New Guidance on Religious Dress and Grooming in the Workplace

March 11, 2014
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Employers should train managers and employees that the law may require making a religious exception to an employer’s otherwise uniformly applied, and facially neutral, dress or grooming rules, practices, or preferences.
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Read This Post Before you Access Your Employee’s Social Media Accounts

March 6, 2014
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If you are going to permit your employees to use their personal social media accounts for business purposes, get it in writing that you have rights to the accounts.
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Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
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If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
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When are Preliminary and Postliminary Compensable? Supremes to let us Know (Maybe).

March 4, 2014
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There are lots of preliminary of postliminary activities that could be occurring in your workplaces. I am hopeful that this case will provide employers needed guidance on the compensability of these activities.
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Why We put Plaintiffs to Their Proof

February 26, 2014
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No law has been violated until a plaintiff proves those facts through evidence. If the plaintiff doesn’t have the evidence to support the alleged facts, the plaintiff loses.
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Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
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If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
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Is Obesity the Same as a Green Mohawk?

February 24, 2014
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Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
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Tackling Offensive Conduct — Inside and Out of the Locker Room

February 20, 2014
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What’s striking is that the behaviors identified in the Richie Incognito/Miami Dolphins report are comparable to what has occurred in law firms, accounting practices, health care institutions and academia.


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OSHA Protects Employees From Retaliation for Reporting Injuries?

February 20, 2014
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The Labor Department is watching this issue. These types of claims are increasing, and you take a risk of a retaliation claim if you terminate an employee who reported a workplace injury.
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