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Employment Law Advice You Should Never Follow

This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more

12/15/2014 - ADA Discipline Disparate Treatment Employer Liability Issues Reasonable Accommodation Title VII Unem Unemployment Benefits Zero Tolerance Policies

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

12/8/2014 - ADA Corporate Counsel Employer Liability Issues Federal Contractors FMLA Protected Concerted Activity Retaliation Right to Work Wage and Hour

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

12/1/2014 - ADA Corporate Counsel EEOC Employer Liability Issues GINA New Guidance Popular Wellness Programs

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

10/6/2014 - Abercrombie & Fitch ADA Disability Discrimination Discrimination EEOC Employer Liability Issues Hiring & Firing Job Applicants Religious Discrimination SCOTUS Screening Procedures

Employment Law Quiz: You Be The Judge!

Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old yellowed ticket from 1920 to an...more

9/26/2014 - ADA Disability EEOC Employee Rights Employer Liability Issues Young Lawyers

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

9/22/2014 - ADA Compliance Disability Disability Discrimination EEOC Employee Rights GINA Sexual Harassment

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

9/3/2014 - ADA Appeals EEOC Employer Liability Issues En Banc Review Ford Motor Popular Reasonable Accommodation Telecommuting

Sexy ADA Issue: Bad Breakup May Not Justify Employer-Mandated Medical Exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky...more

8/22/2014 - ADA Appeals Corporate Counsel Employer Liability Issues Medical Examinations

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

6/20/2014 - ADA Disability Employer Liability Issues Hiring & Firing Interactive Process Reasonable Accommodation

Employers Shouldn't Be Too Excited About That Pregnancy Decision . . . And More From The Price Is Right

Is this new UPS pregnancy discrimination decision really such great news for employers? HINT: Check the dates!!! The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more

1/14/2013 - ADA ADAAA Discrimination Pregnancy Reasonable Accommodation The Price is Right UPS

3 Employer Bummers: Veganism A "Religion," ADA Interactive Process Fails, And Costly Severance Mistake

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more

1/4/2013 - ADA EEOC FMLA Hiring & Firing Reasonable Accommodation Religion Severance Pay Termination Veganism

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