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Discrimination and EEOC Compliance

How Do You Fight Invisible Discrimination?

February 4, 2013
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If we foster a workplace of openness and inclusion, when that hatred exposes itself employees will understand that it belongs to a rogue and not your company, and hopefully, choose not to hold you accountable (provided you respond quickly and decisively when brought to your attention).
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Are Employers Screwing Up the FLSA's Lactation Mandate? Probably Not.

January 30, 2013
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A little more than a year ago I pointed out that the Labor Department had only cited 23 companies, or 0.023 percent of all companies with 100 or more employees, with inadequate lactation accommodation. Now, with an additional six months of data, the number of citations has jumped by 13, from 23 to 36.
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But He Looked Black … Court Rebukes EEOC's Use of “Race Rating” in Systemic Lawsuit

January 29, 2013
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In other words, the agency charged with ending racial stereotypes in the workplace based its entire case on stereotypical ways in which different races “look.”
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Employees, If You Don't Want Us to Get Your Social Media Info in Discovery, Don't Post!

January 28, 2013
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Employees, if you do not want your social media posts to be reviewed in a lawsuit you file, stop posting. Stop writing about your post-termination state of mind. Stop communicating with former co-workers. Stop writing about your lawsuit.
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EEOC Accuses Security Firm of Sexual Harassment Against Male Workers

January 23, 2013
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A two male employees from a North Carolina-based security firm allegedly made offensive comments to their male subordinates, solicited nude pictures from them, asked male employees to undress in front of them and solicited male employees for sex.
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How Do You Spell Civil Rights? ENDA

January 23, 2013
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It's appalling that 13 years into the twenty-first century, it is still legal in the United States of America to treat people different solely because of their inclusion in a marginalized group. Get on the bandwagon now, and send a signal to all of your employees that you are a business of inclusion, not one of bigotry and exclusion.
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Requests for Unpaid Medical Leaves Should Be Stamped, 'Handle With Care'

January 22, 2013
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If you are granting a leave to an employee as an accommodation, your best defense to a potential Americans with Disabilities Act claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of absence, no one will fault you as an unreasonable ogre if you decline.
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee

January 17, 2013
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Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
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Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests

January 16, 2013
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The U.S. Department of Labor has issued an “administrator's interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act.
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Firing of 'Irresistible' Employee Does Not Equal Sex Discrimination?

January 10, 2013
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If the sex discrimination laws do not protect an employee like Nelson, then I fear we are taking a huge civil rights step backward.
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