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Discrimination and EEOC Compliance

Interview With Caryl Rivers: Beware Subtle Bias

March 9, 2014
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Caryl Rivers of Boston University says to ensure fair and equitable treatment between the sexes, managers may need to be trained to spot subtle discrimination.
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Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
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If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
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Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
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If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
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Is Obesity the Same as a Green Mohawk?

February 24, 2014
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Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
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Can You Have a One-Person Reduction-in-Force?

February 18, 2014
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It does not make a difference if the layoff includes one employee or 100 employees, provided that those eliminated are not replaced.
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A Proposed Solution for the EEOC’s Position on Retaliation in Severance Agreements

February 13, 2014
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Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
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Legal Briefing: Comment Key to Discrimination Case

February 11, 2014
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Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
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Infertility’s Fertile Legal Ground

February 9, 2014
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Employers that fail to accommodate employees’ infertility treatments could see an explosion of these types of claims.
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The Expanded Definition of Disability

February 9, 2014
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The EEOC’s move to broaden the number of people who may be entitled to ADA protections could increase an employer’s risk of a lawsuit.
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Avoiding the ‘Bermuda Triangle’ of Employment Law

February 4, 2014
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The so-called “Bermuda Triangle” of employment law is: workers’ compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act.
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