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Discrimination and EEOC Compliance

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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Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
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Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
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Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
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You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
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Receiving a Requested Transfer as an Adverse Employment Action

January 15, 2014
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Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'
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It's Probably a Bad Idea to Ask Applicants for a Family Medical History

January 14, 2014
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Medical-related inquiries by employers are complicated and rife with risk. To ensure full compliance with the law, do not include questions about family histories in these examinations.
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Workplace-Related Class-Action Lawsuits Still Hinge on Wal-Mart Case: Report

January 7, 2014
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The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.


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