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Discrimination and EEOC Compliance

Customer Preference and Race Discrimination: When the Customer Isn’t Right

July 24, 2014
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The customer can never choose the race of the person working for you. The customer might be right about a lot things, but discrimination is not one of them.
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Executive Order Bans LGBT Discrimination by the Federal Contractors and Government

July 22, 2014
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It’s incomprehensible and unjustifiable for an employer to discriminate on the basis of sexual orientation and gender identity.
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EEOC Issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination

July 15, 2014
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All three documents are required reading for any employers with female employees of child-bearing age.
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Retaliation or Awkward Timing?

July 11, 2014
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If you are going to terminate an employee on the heels of protected activity, you best have all of your ducks in a row.
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EEOC Transforms a $1.39 Bag of Chips Into a $180,000 Settlement

July 7, 2014
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When the accommodation is so trivial (a $1.39 bag of chips), employers should strongly consider making the accommodation for an employee’s medical situation regardless of the scenario.
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Will Hobby Lobby Decision Give Title VII Fits?

July 1, 2014
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What about Title VII and the other ant-discrimination laws? Hobby Lobby does not answer these questions and leaves them to lower courts to interpret in future cases.
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How Many Pre-Employment Medical Exams Does the ADA Permit?

June 30, 2014
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The answer is as many as reasonably necessary to determine whether the employee can perform the essential functions of the job with or without a reasonable accommodation.
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The United Colors of Harassment Claims

June 24, 2014
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'No one should have to put up with sexual comments or touching while they are just trying to make a living.'
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U.S. Chamber of Commerce Challenges EEOC Over 'Unreasonable' Enforcement Tactics

June 12, 2014
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According to the Chamber, its analysis of the EEOC’s enforcement and litigation strategies “reveals an agency which often advances questionable enforcement tactics and legal theories.”
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EEOC Cracks Down on Employer’s "English Only" Rule

June 10, 2014
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If you intend to enforce an English-only rule, make sure you can justify the nexus between English fluency and job performance.
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