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Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
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If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
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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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Workplace-Related Class-Action Lawsuits Still Hinge on Wal-Mart Case: Report

January 7, 2014
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The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.


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Infertility is Fertile Ground for Disability Discrimination Claims

December 16, 2013
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With this issue on the EEOC’s enforcement radar, employers that deny time off for fertility treatments may find themselves as the start of the EEOC’s next infertility-related press release.
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Legal Briefing: Court Rules on Termination of Employee Who Requested Job-Protected Leave

December 12, 2013
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Employers should be current with changes to applicable labor and employment laws with regard to employee leave requests.
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Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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Riffing on the Right Way to do Workforce Reductions

October 21, 2013
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Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.


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The Devil Went Down to the EEOC:A Story on Religious Accommodation

October 17, 2013
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Before you dismiss an employee’s request for a religious accommodation as silly or outrageous, stop, think, and decide whether the expense or difficultly in making the accommodating exceeds the cost and aggravation of defending a possible discrimination lawsuit.


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Can George Costanza Sue for Sexual Harassment or Retaliation?

October 16, 2013
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There is nothing wrong with employees dating. Nothing good, however, comes from a boss having relations with a subordinate employee, especially one who is a direct report.


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Fired for Posing for Playboy? Or, How Does an Employer Prove a Negative?

October 7, 2013
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Proving a negative is the most difficult position for an employer, and, often, the most expensive for an employer to defend.


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