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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.

What Qualifies as “Opposition” Under Title VII?

August 22, 2012
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Assume all but the most attenuated of responses to a potentially discriminatory statement qualifies as protected, and do not leave it in the hands of judges or juries to draw these nuanced distinctions.
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Determining When a Company Knows That an Employee Engaged in Protected Activity

August 21, 2012
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The employer argued that it was impossible for it have known that the plaintiff had filed an EEOC charge before it fired her because it has lost its mailbox key and therefore it could not have received its copy of the charge.
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Courts Inch Closer to Recognizing Sexual Orientation as a Protected Class

August 20, 2012
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Nine out of the last 10 Congresses have tried to pass a version of the Employment Non-Discrimination Act, which among other things, would add “sexual orientation and gender identity” to the list of classes protected under Title VII. It has failed each time. Courts and the EEOC, however, continue to give the LGBT community that which the legislature has rejected.
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Piercing the Bulletproof Employee

August 16, 2012
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The potential of a retaliation claim certainly ups the ante when terminating an employee who has complained about discrimination.
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Don't Forget These Five Security Issues in Your BYOD Policy

August 14, 2012
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Any successful bring-your-own-device program results from a synergy among the C-suite, legal, IT, HR, and risk management. Involve all of these departments to make sure that your BYOD program is successful, and addresses all necessary security issues.
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Confidential Workplace Investigations are Under Attack … by the EEOC?

August 13, 2012
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The Equal Employment Opportunity Commission should be championing confidential investigations, not signaling that they constitute a flagrant violation of Title VII.
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Don't Judge a Book by Its Cover

August 10, 2012
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This awful catastrophe reminds us that we should view people as people, and not as colors, religions, or stereotypes.
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Richard Kimble and the ADA

August 9, 2012
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Allowing an employee to work in a position makes it difficult to argue later that the employee was not qualified for that same position.
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Do Your Agreements Provide for Waivers of Collective Actions?

August 8, 2012
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Before embarking on a campaign to require that your employees sign away their participation in collective actions, you might want to wait for the 6th Circuit to have its say on the issue.
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Telecommuting as a Reasonable Accommodation

August 7, 2012
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As a recent case points out, telecommuting as a reasonable accommodation remains the exception, not the rule.
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