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Discrimination and EEOC Compliance

Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
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Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
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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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Implicit Bias, Explicit Results

September 19, 2014
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A single one-time dose of learning may raise awareness about bias, but it won’t permanently change habits.
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Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

September 19, 2014
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When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.
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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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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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Jon Hyman Discusses Ban the Box on Cleveland NPR Affiliate

August 27, 2014
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Hear what Jon Hyman had to say on WCPN about the Ban the Box movement.
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Evaluating a Job Applicant’s Background History

August 25, 2014
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Use of background information can disproportionately affect people of various racial and ethnic backgrounds, along with gender. This could expose an employer to liability.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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