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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

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

10/13/2014 - Corporate Counsel Disability Disability Discrimination Employer Liability Issues Hiring & Firing Job Applicants PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation Religious Discrimination

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

EEOC Issues Guidance On Pregnancy Discrimination And Accommodation

I plan to write more about this later in the week, but today the EEOC issued an Enforcement Guidance, Q&A, and Fact Sheet on pregnancy discrimination and accommodation. Much of the Guidance reiterated the law as we had always...more

7/15/2014 - Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation

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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