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Articles by Jon Hyman

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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Blackballing as Retaliation

January 9, 2014
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Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
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Tread Lightly if Banning Workplace Gossip, Warns NLRB Judge

January 8, 2014
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If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law Judge
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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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It’s Time to Update Your Severe-Weather Policy

January 6, 2014
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In light of these historically frigid temperatures, I’m writing about workplace severe-weather policies, including including how to handle issues such as attendance, wage and hour, and telecommuting.
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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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