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Articles by Jon Hyman

Supreme Court Weighs Issue of Compensation for Post-Shift Security Checks

October 9, 2014
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This case will hinge on whether the security screenings are key to the nature of the employment.
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The Difference Between Sexual Discrimination and Sexual Favoritism

October 8, 2014
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What is the difference between sexual discrimination and sexual favoritism? The former is illegal, while the latter isn’t.
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Don’t Fire Employees After a Cancer Diagnosis

October 7, 2014
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The ADA protects cancer as a disability. Any employer that fires an employee after a cancer diagnosis is going to have big problems.
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Poorly Placed Pickles Is an Awful Reason for Discipline

October 6, 2014
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Folks, no one in their right mind is going to believe that a fast-food worker suffered discipline for poor pickle placement.
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Your 'No Loitering' Policy for Employees Could Be Unlawful

October 3, 2014
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An NLRB judge concluded that a no loitering policy unlawfully restricted employees’ rights to engage in protected concerted activity.
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U.S. Supreme Court to Take Up Issue of Workplace Religious Accommodation

October 2, 2014
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Let’s hope for some concrete guidance from the Court on this timely and perplexing issue.
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Drinking and Driving Out Workers

October 2, 2014
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The ADA protects “alcoholism” as a disability, but there is a difference between alcoholism and being drunk at work, which the ADA absolutely does not protect.
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EEOC Can File Lawsuits Without Claimants

October 1, 2014
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I question whether filing lawsuits without claimants is the best use of the EEOC’s limited resources.
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When the Same Actor Hires and Fires, Discrimination is Unlikely

September 30, 2014
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If you are faced with a discrimination case in which the same actor is accused of firing after hiring, you will have a great defense to the claim.
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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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