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Articles by Jon Hyman

When Your Plaintiff is a Prostitute

July 21, 2014
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In this case, a settlement that will not throw the employer into bankruptcy is a win. It is important to do everything you can to lessen the potential pool of damages available to the plaintiff.
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EEOC Issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination

July 15, 2014
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All three documents are required reading for any employers with female employees of child-bearing age.
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Should You Block Social Media at Work?

July 14, 2014
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The answer to this question is a resounding no. If an employee wants to check Facebook at work, or post a Tweet, or show off that fancy filtered sunset on Instagram, they will simply take their iPhone out of their pocket and post away.
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Retaliation or Awkward Timing?

July 11, 2014
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If you are going to terminate an employee on the heels of protected activity, you best have all of your ducks in a row.
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Listen to me and Kris Dunn Discuss the Hobby Lobby Decision on The CYA Report

July 9, 2014
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Today you get to hear me wax philosophical with Kris Dunn on the Supreme Court’s Hobby Lobby decision.
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What the ADA Says About Employee Medical Information and Social Media

July 8, 2014
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Employees need to be very careful when discussing a co-worker’s health on social media. And, employers need to train their employees about the ADA’s confidentiality rules and the extension of these rules to the 24/7 world of social media.
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EEOC Transforms a $1.39 Bag of Chips Into a $180,000 Settlement

July 7, 2014
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When the accommodation is so trivial (a $1.39 bag of chips), employers should strongly consider making the accommodation for an employee’s medical situation regardless of the scenario.
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Soliciting Is One Tough Cookie

July 2, 2014
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Keep a close eye on the NLRB for actions that will severely hamper your efforts to limit solicitations in your workplace.
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Will Hobby Lobby Decision Give Title VII Fits?

July 1, 2014
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What about Title VII and the other ant-discrimination laws? Hobby Lobby does not answer these questions and leaves them to lower courts to interpret in future cases.
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How Many Pre-Employment Medical Exams Does the ADA Permit?

June 30, 2014
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The answer is as many as reasonably necessary to determine whether the employee can perform the essential functions of the job with or without a reasonable accommodation.
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