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Discrimination and EEOC Compliance

'He Liked Breasts' Is Never an Appropriate Response to a Harassment Complaint

October 23, 2014
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What is an appropriate response? Here are 10 steps to follow if you receive a harassment complaint from an employee.
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Cop Caught Sleeping on the Job Awarded $1M in ADA Lawsuit

October 21, 2014
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Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.
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Do Personality Tests Pass the ADA-Compliance Test?

October 14, 2014
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If you are considering using personality tests to screen applicants or current employees, tread carefully and not without the input of your employment counsel.
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The Difference Between Sexual Discrimination and Sexual Favoritism

October 8, 2014
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What is the difference between sexual discrimination and sexual favoritism? The former is illegal, while the latter isn’t.
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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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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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