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Discrimination and EEOC Compliance

It’s Time to End Sexual Orientation and Gender Identity Discrimination

October 9, 2013
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The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.


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The High Price of EEOC Background Check Litigation

October 8, 2013
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Perhaps one solution to this crisis is for Congress to engage in some simple oversight over the agencies that enforce our various laws, including the EEOC. $751,942.48 in taxpayer money is a costly investment to chase a fool's errand.


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How the Government Shutdown Affects Labor and Employment Law

October 1, 2013
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If you have active matters with any federal agencies, expect for them to be on hold. Please remember that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.


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Alternate Complaint Avenues and Harassment Prevention

September 26, 2013
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A effective anti-harassment policy provides multiple avenues for an employee to complain. Otherwise, an employee will feel powerless if the person to whom a policy directs her to complain also happens to be the alleged harasser.
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The Biggest Pitfall of Social Recruiting

September 25, 2013
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Don’t let anyone in the chain of hiring view candidates’ social media profiles. Train an employee who is insulated from the hiring process to do your social media searches.
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Legal Briefing: Same-Sex Spouse Entitled to Survivor Benefits

September 16, 2013
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Employers might be required to recognize same-sex partners as spouses for purposes of providing benefits under the company’s benefit plans.
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When Class Matters

September 9, 2013
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While we continue to experiment with live interactive virtual learning for widely dispersed participants, I’ve had some thoughts about when a live class experience matters.
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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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