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How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
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The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
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Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

September 19, 2014
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When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.
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A Diverse Workforce is the Best Defense for a Discrimination Claim

September 18, 2014
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What’s the best defense to a discrimination claim? Hire others in the same protected group.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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Jon Hyman Discusses Ban the Box on Cleveland NPR Affiliate

August 27, 2014
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Hear what Jon Hyman had to say on WCPN about the Ban the Box movement.
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Hold the Onion(head)

August 6, 2014
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Whatever you call your deity — God, Jesus, Allah, Buddah or even Onionhead — leave it at home.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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Adding Up the Asian Equation at Google

August 5, 2014
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The tech giant recently released its workforce diversity numbers, with the results causing some to say it is struggling from a diversity perspective.


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Legal Briefing: Telecommuting as a Reasonable Accommodation

August 4, 2014
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Employers should not automatically rule out telecommuting options as reasonable accommodations under the ADA.
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