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Articles by Jon Hyman

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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The Workplace Ethics of Class-Segregated Bathrooms: The Results

January 24, 2014
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By a margin of two to one, my readers expressed that it is not acceptable for a business to segregate its restrooms by class of workers.
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When is 1,250 not 1,250? Hours Worked Versus Hours Paid for FMLA Eligibility

January 23, 2014
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Whatever time tracking and payroll system you use, it must have the ability to differentiate between time paid and time worked. It could likely save you from an FMLA claim if an employee is on the 1,250-hour bubble.
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Why I Don't Like Most Non-Disparagement Clauses (and 3 Tips to Fix Them)

January 22, 2014
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Non-disparagement clauses are ripe for sloppy and vague drafting, which can result in parties ending up where they wanted to avoid — the courthouse.
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Stand by Your Employees: An Ode to Norah and the Troopers

January 21, 2014
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Stick with your employees, especially in times of difficulty and adversity. They might just surprise you, and may even do something amazing.
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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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Context Matters: Cursing as Religious Harassment

January 13, 2014
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A line exists between the use of general profanity in the workplace and the use of profanity directed at somebody because of their religion. Nevertheless, employers should take seriously all harassment complaints in the workplace.
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The Ethics of Class-Segregated Bathrooms

January 10, 2014
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Do I need to tell you that you are sending the wrong message to your workers if you have class-segregated bathroom?
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