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Cracker Barrel, 10/2014 by Mike Mozart of TheToyChannel and JeepersMedia on YouTube #Cracker #BarrelIn case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what.

If you’re late to the party, and don’t have a clue what I’m talking about, read these posts:

  • Why did Cracker Barrel fire Brad’s wife? The Internet demands answers. (WaPo)

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A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me?

Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the Americans with Disabilities Act traps. Lest you like litigation and lawyer bills.

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Kick'n the canIt was déjà vu all over again yesterday.

In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation.

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Sobriety checkpoint easthaven ct

By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons

Alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the essential functions of the job with or without accommodation.

Allowing an alcoholic to attend AA to remain clean and sober? That works.

But, accommodating an alcoholic who “falls off the wagon,” gets a DUI, and needs time off from work because he is incarcerated? Not so much.

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Today, my friends, is National Cheesesteak Thursday. Started back on Thursday, March 24, 1994, by four high school classmates of mine, this is a day to celebrate with some quality ribeye, an Amoroso roll, and your choice of American, Provolone, or Cheez Whiz.

Just never Swiss. That mistake cost John Kerry the White House in 2004.

In honor of NCT, and because out-of-towners often ask me, “Eric, what’s the best cheesesteak in Philly,” I’m gonna rank my Top 5. Heck, I’ll do you one better. I’m going to rank the Top 5 sandwiches — any sandwich — in Philly.

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Cocktail-Bar (Kleines Phi) in Hamburg 2

A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work.

On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National Labor Relations Act could muddy the waters a bit; but, for this post, let’s pretend it doesn’t). And there’s practically nothing that would prevent a private employer from clamping down on employee discussions about politics at work.

On the other hand, an employer could violate bar rules and condone political speech. However, that could lead to problems for the employer, as in bad press or a lawsuit.

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“Doing What’s Right – Not Just What’s Legal”
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