JoLynn Markison

JoLynn Markison

Dorsey & Whitney LLP

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Latest Publications


EEOC Releases Updated Retaliation Guidance

On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

9/7/2016 - Anti-Retaliation Provisions Discrimination EEOC Employer Liability Issues Guidance Update Human Resources Professionals

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of...more

7/26/2016 - Anti-Discrimination Policies EEOC Employee Restrooms Employer Liability Issues Gender Identity OSHA Sex Discrimination Title IX Title VII Transgender

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

10/6/2015 - ADA Disability Interactive Process Public Accommodation Reasonable Accommodation Service Animals Title III

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

4/3/2015 - Employee Handbooks Employment Policies NLRA NLRB Protected Concerted Activity Section 7

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

4/1/2015 - Employee Handbooks Employment Policies NLRA NLRB Section 7

E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal...more

3/24/2014 - Electronically Stored Information Legal History Predictive Coding

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