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Disabilities

Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court

November 21, 2012
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The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
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If You Put Up With Bullies in Your Workplace, Stop (Before Someone Else Makes You)

November 19, 2012
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The reality is that if your company does not take this issue seriously, state legislators will and you won't like the results.
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Must an Employer Accommodate an Employee for a Family Member's Disability?

November 13, 2012
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I cannot overstate enough how fine a line it is between lawfully terminating an employee because of the need to take time off to care for an ill relative and unlawfully terminating an employee because of a relative's disability.
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Silence Can Be Golden When Dealing With Employee Medical Issues

November 6, 2012
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One inopportune slip of the tongue about an employee's medical condition (or perceived medical condition) could convert a defensible disability discrimination claim into a knock-down, drag-out fight culminating in a risky jury trial.
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Ministerial Exception Applied to Music Director with No Religious Training

October 29, 2012
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According to the ruling, Philip Cannata, who became music director at St. John Neumann Catholic Church in Austin, Texas, in 1998, had no liturgical responsibilities because he “lacked the requisite education, training and experience.”
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EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations

October 25, 2012
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While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted in protected classes (e.g., sex or mental illness) to treat these employees differently.
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More on Telecommuting as a Reasonable Accommodation

October 23, 2012
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes telecommuting more feasible.
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EEOC Settles with Mining Firm Over ADA Violations

October 23, 2012
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The Equal Employment Opportunity Commission said Rocky Davis, who has profound hearing loss, had asked Birmingham, Alabama-based Jim Walter Resources, a unit of Walter Energy Inc., to accommodate him and assign him to another location, but the firm failed to honor his request.
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Ethnic Disparities Found in Compensation for Injured Construction Workers

October 16, 2012
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The study of 1,039 cases does not explain the reason for the disparity, although the researchers said bias or prejudice are a possibility, as are differences in knowledge about how the compensation system works.
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Fast-Food Franchisee Settles ADA Charges Brought by EEOC

October 11, 2012
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In the suit filed in April against Waco, Texas-based CTW L.L.C., which does business as Wendy's, the EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment at its Wendy's franchise in Killeen, Texas, after learning of his hearing impairment, the EEOC said Oct. 10 in a statement.
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