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Discrimination and EEOC Compliance

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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A Weighty Lesson on Pregnancy Discrimination

January 7, 2014
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Does your 'no overweight hires' policy violate Title VII by screening out pregnant women?
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Legal Briefing: Guidance on Home Work and Leaves of Absence

January 7, 2014
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Employers should remain informed with applicable state laws and regulations for distinctions of how employers are required to make a reasonable attempt to accommodate employees with disabilities.
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Don’t Leave ‘Leave’ to Chance

January 5, 2014
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If the ADA now covers most employees’ medical issues, and the ADA requires an unpaid leave of absence, hasn’t the ADA swallowed the FMLA, at least as employee medical leaves are concerned?
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Accuracy Counts in Drafting Job Descriptions

December 19, 2013
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Job descriptions not only help establish reasonable expectations for what you expect from your employees in a position, but it also helps set a baseline for what you do, or do not, have to reasonably accommodate.
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How the ADA Covers Organ Donors

December 17, 2013
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I’ve written before about the need to put the 'human' back in 'human resources.' This case is a textbook example.
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Infertility is Fertile Ground for Disability Discrimination Claims

December 16, 2013
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With this issue on the EEOC’s enforcement radar, employers that deny time off for fertility treatments may find themselves as the start of the EEOC’s next infertility-related press release.
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A Festivus for the Rest of Us (at Work)

December 12, 2013
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If there is no religion supporting the request, then no law would prohibit you from banning Festivus at your company. Then again, why would you want to in the first place?
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