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Discrimination and EEOC Compliance

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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Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
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For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
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Accommodating Disabled Job Applicants is No Game

March 20, 2013
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If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
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Take a Pregnant Pause Before Firing That Pregnant Worker

March 13, 2013
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Firing a pregnant employee is a risky proposition.You not only have to worry about Title VII, but also potential liability under the Family and Medical Leave Act (if you are large enough to be covered), and the Americans with Disabilities Act (if the employee suffers from a pregnancy-related medical condition).
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Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
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Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
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Legal Briefing: Religious Objections to Health Care

February 28, 2013
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The Patient Protection and Affordable Care Act has been challenged in several recent cases. Its provisions require that employers provide contraceptive coverage. Several business owners and organizations have gone to the courts since they objected to providing health care to their employees that opposed the companies' religious beliefs.
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How Long Is Too Long for an Unpaid Medical Leave of Absence? Not Two Weeks and a Day

February 27, 2013
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Think long and hard before you deny a request for unpaid time off for an employee's medical issue, and, when in doubt, call your employment counsel for a sanity check.
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It's Your Last Chance … to Avoid Retaliation

February 22, 2013
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Agreements are wonderful tools to use with our employees. They come in all shapes and sizes. No matter the agreement, however, there is one clause that it cannot contain: a covenant by the employee waiving his or her right to file a charge of discrimination with the EEOC.
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Religious Objections to Health Care Requirements

February 22, 2013
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Sakile Chenzira sued her employer, claiming she was discriminated against because of her religious beliefs in veganism. The U.S. district court ruled that veganism could be considered a “religious practice” and that Chenzira may have a plausible bias claim against the hospital.
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