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Articles by James E. Hall, Mark T. Kobata and Marty Denis

'Me Too' Evidence in Sex Harassment Claims

February 18, 2010
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Business owners must always be on their best behavior toward employees and customers. It is recommended that employers consider policies and procedures to alert all managers of their obligations, and provide employees with an avenue for complaints.
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Employer's Prompt Response to Racial Epithets

January 22, 2010
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Prompt investigation of discrimination or harassment complaints, coupled with appropriate disciplinary action, shields employers from such claims.
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Health Condition Required ADA Accommodation

December 30, 2009
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Employers should consider engaging in the ADA interactive process for a range of employee illnesses and conditions, even for illnesses that appear to be in remission. Subsequent amendments to the ADA, which became effective January 1, 2009, provide that employees with medical conditions in remission may be covered by the act.
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Rape Claim Not Subject to Contractual Arbitration

December 18, 2009
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While arbitration is often viewed as a cost-effective alternative to litigation, employers are advised that certain claims may not be subject to mandatory arbitration.
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Employee Genetic Information Is Protected

December 11, 2009
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Employers and group health insurers should review personnel practices and information-gathering polices to ensure compliance with a new law, the Genetic Information Nondiscrimination Act.
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No-Match Rule Abandoned in Favor of E-Verify

November 25, 2009
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Employers are advised to verify that job applicants are eligible to work in the U.S. Although the Obama administration has made E-Verify the centerpiece of its workplace enforcement efforts, many employer groups, including the Society for Human Resource Management, criticize it as ineffective and inefficient. Despite DHS’ action and the ongoing debate over E-Verify, employers remain obligated to ensure that they do not hire or continue to employ individuals who are not authorized to work in the U.S.
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Whistle-Blower Claim Against Wal-Mart to Proceed

November 18, 2009
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Employers need to be careful before dismissing an internal complaint. This decision is a warning to all employers that internal complaints may be considered actionable whistle-blower activity.
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No WARN for Layoffs at Non-Contiguous Facilities

November 13, 2009
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Employers are advised to review applicable WARN regulations—together with employee proximity, purpose and use of equipment—to assess WARN Act applications.
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Overtime Pay Plan for Flexible Workweek Approved

November 11, 2009
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Employers may implement an alternative pay schedule so long as employees continue to earn approximately the same salary at an hourly rate that meets or exceeds the minimum requirements of the FLSA.
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