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Discrimination and EEOC Compliance

When State Law Conflicts With the EEOC on Criminal Background Checks, Who Wins?

May 23, 2013
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Talk about a tough position in which to place an employer. Does the employer violate state law or violate Title VII? Ultimately, I think the correct answer should be neither.
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Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
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It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
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EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
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If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
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EEOC Lands Its Largest Settlement Ever

May 6, 2013
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I never thought I'd read about a case in which I could say to myself, “A $240 million jury verdict doesn't seem all that out of whack.” Then I read about the Equal Employment Opportunity Commission's recent $240 million jury verdict against Henry's Turkey Service. The agency alleged that the farm subjected its 32 mentally disabled workers to decades of abuse.
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‘Gaining My Religion’: U.S. Courts Could Give Lifestyle Choices Saintly Status

May 2, 2013
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If federal courts did expand their definition of protected religious practice in the workplace, this would lead to a quandary for many employers. After all, state and federal laws on the subject can be substantially different.
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There Is No Such Thing as a 'License to Harass'

April 18, 2013
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Employees need to understand that some participation in sex-based workplace hijinks does not create a license to harass in perpetuity. No one can tell where someone draws his or her personal line of inappropriateness, and trying to make that decision for someone else can only result in trouble (i.e., a lawsuit) down the road.
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A Look at Abercrombie and Fitch's 'Look' Policies

April 15, 2013
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If you hope to claim an undue hardship defense to a religious accommodation claim based on your company's image, you need to have the hard data to back your claim. Hypothetical hardships likely will not carry the day.
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A Cautionary Tale on What Happens When You Botch a Litigation Hold

April 1, 2013
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As soon as you reasonably anticipate litigation, you have an absolute duty to implement a written litigation hold that both instructs employees to preserve paper and electronic records relevant to the case, and suspends any automated processes that otherwise might result in the destruction of such records.
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