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The Practical Employer

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Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations

October 25, 2012
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While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted in protected classes (e.g., sex or mental illness) to treat these employees differently.
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Please Don’t Tell Your Employees for Whom to Vote

October 24, 2012
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Voting is an intensely personal choice. I don’t think it’s my business how my family members cast their votes. I certainly don’t think it’s an employer’s business how its employees cast their votes. Voting booths have privacy curtains for a reason. Exercise some discretion by not invading that privacy of your workers.
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More on Telecommuting as a Reasonable Accommodation

October 23, 2012
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes telecommuting more feasible.
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The Real Problem with Individual Liability

October 22, 2012
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There is little, if any benefit to keeping individual liability as a part of Ohio's employment discrimination statute, and it is a key facet of this reform that must become part of the law of this state.
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Major Reform to Ohio's Discrimination Laws Introduced in State Senate

October 19, 2012
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This bill presents a tangible opportunity to fix a broken law. Ohio's current employment discrimination statute is so different from both its federal counterpart and the similar laws of other states that it places Ohio at a competitive disadvantage.
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Employment Law Blog Carnival: The 007 Edition

October 17, 2012
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This month marks the 50th anniversary of the world's most famous movie spy, James Bond. Since many have compared my suaveness and sophistication with that of 007, celebrating Bond is a fitting topic for my edition of the monthly roundup of the best that the employment law blawgosphere has to offer.
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Employers or Employees: Who Owns Social Media Accounts?

October 16, 2012
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While Dr. Linda Eagle was president of Edcomm, she established an account on Linkedin, which she used to promote Edcomm's services. After Edcomm terminated Eagle, the company accessed her LinkedIn account and changed her password, and changed the account to display the name and photograph of its new CEO.
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EEO Information Is Main Reason to Limit Access to Social Media Profiles

October 11, 2012
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Businesses need to understand that without appropriate controls in place, reviewing Google, Facebook, LinkedIn, or any other publicly available online information before making a hiring decision is a risky proposition.
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Some Social Media Stats to Chew On

October 9, 2012
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Unless you require that your employees check their mobile devices at the door (and suffer the anarchy that would likely ensue) it is impossible to prohibit employees from accessing personal social media accounts during the workday. And, if it's impossible to monitor or enforce a policy, why have it in the first place?
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New Pregnancy Discrimination Legislation is Unneeded, Redux

October 5, 2012
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We do not need legislation to duplicate rights that already exist. If employers are not granting these rights, and pregnant workers are not receiving the accommodations they need and are requesting, then pregnant workers should be filing discrimination lawsuits.
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