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Articles Posted in Discrimination and Unlawful Harassment

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What are there legal risks of making a worker participate in an Employee Assistance Program?

Suppose that several employees complain that a coworker is creating a “hostile work environment” because they were afraid that she (the coworker) was going to report them (the employees) for engaging in unspecified misconduct in the workplace. Can the employer respond by mandating an Employee Assistance Program (EAP) referral as…

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Complaints of discrimination can come in all shapes and sizes

A tenured professor in a university’s history department learns of “discrimination” and “marginalization” of Hispanic employees within the department. The university appoints him to an “Equity Committee” to address the problem. As part of his remediation efforts, the professor creates a “salary report” confirming instances of pay disparity among minority…

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Why was talk of confederate flags and cursing the President not “extreme” enough to be a hostile work environment?

How some of her coworkers spoke at work deeply offended a hospital nurse. One of them said that “Michelle Obama looks like a monkey” and the “President is a piece of s**t.” Another said President Obama was “stupid,” was the “worst president ever,” and “needs to go back to Africa.”…

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I’ll give you a million reasons not to ask employees and applicants about family medical history

The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. While GINA has been…

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On Instagram, an ER doctor said Israelis got “a taste of their own medicine.” CORRECTION: Former ER doctor.

A doctor whose job is to administer potentially life-saving medicine to patients, among them Jews, was reportedly fired after celebrating the massacre of Israelis by the Islamist terror group Hamas. Here’s more from the NY Post: An emergency room physician …shared a video of the heinous Oct. 7 attack on her…

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What rights do former employees have under the ADA? Well, it depends.

***ducks tomato*** I’ll give you an example. Let’s say a firefighter develops Parkinson’s Disease. Eventually, her disease leaves her incapable of performing the essential functions of her job, and she takes disability retirement at age 48. The employer has a policy allowing former employees, like the employee here, to receive…

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Did you know that a bird — a macaw, specifically — can create a hostile work environment?

Last year, the U.S. Equal Employment Opportunity Commission sued a long-term care facility claiming that certain White patients/residents repeatedly directed offensive racial slurs at black nurses and nurse assistants, including “n—-r,” “coon,” “monkey,” and “Black b—–s.” One patient repeatedly told Black employees to “go back to Africa,” followed Black employees…

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The person who promoted me later demoted me. That’s sexist, the plaintiff claimed.

Unfortunately for the plaintiff, a federal judge disagreed. The plaintiff began her employment with the defendant as corporate counsel. After a few years of positive performance reviews and raises, the plaintiff was promoted to Acting General Counsel and Chief Compliance Officer on a 12-month trial basis. The trial did not…

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Law student BLAMES ISRAEL for Hamas terrorism. Law firm promptly RESCINDS student’s JOB OFFER.

According to published reports, like this one from the Daily Mail, an Am Law 100 law firm rescinded a job offer to the president of a law school’s student bar association after learning that the student stated that Hamas’ slaughter of children in Israel was ‘necessary.’ The student also reportedly…