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Discrimination and EEOC Compliance

The One Thing You Can Never Release In a Settlement Agreement

July 16, 2013
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Do not make the mistake of including in your agreement a covenant forbidding the employee from filing a discrimination charge with the Equal Employment Opportunity Commission or other agency. The EEOC will view such a provision as retaliatory under Title VII.
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Is Your Company Looking at the Wrong Info to Screen Candidates Using Social Media?

July 9, 2013
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There might be some science behind how employers are using social media posts to screen applicants and hire employees.
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Why Paula Deen Loves Gay Marriage

July 8, 2013
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In her race discrimination lawsuit, Deen cites 'Hollingsworth v. Perry,' the recent U.S. Supreme Court case that dismissed, on the basis of a lack of standing, the challenge to the illegality of California's gay marriage ban.
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Employers, Read Those Severance Agreements

June 27, 2013
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The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.
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What's Cooking in Savannah: Paula Deen in the Fire

June 24, 2013
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The real issue, which hasn't been clearly determined, at least publicly, is what Ms. Deen actually said, what she did, and when her actions took place.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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Title VII Does Not Give Employees the Right to Proselytize

June 21, 2013
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If you permit one employee to share his or her religious views in the workplace, you will have a difficult time disciplining or terminating another for the same reason. Employers and their employees should keep religion where it belongs—in the home and in places of worship.
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Classification of Obesity as a Disease Has Huge Employment Law Implications

June 20, 2013
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Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act. This decision by the AMA, however, will likely flip that conventional wisdom on its head.
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Controlling the Discrimination Case

June 5, 2013
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How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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