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The Employer Handbook Blog

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ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.

Image Credit: https://freesvg.org/1550658029 (Public Domain) Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may…

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The most valuable employment law lesson you’ll receive today

Image Credit: Jack Kurzenknabe//embedr.flickr.com/assets/client-code.js I’m typing this blog post at 1:30 AM after returning home from Lincoln Financial Field where the Philadelphia Eagles defeated the New York Giants, as per usual. When you read this, remember that your employee handbook may prohibit you from creating a hostile work environment based…

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Imagine if your trainees ended class with a celebratory Nazi salute

Image Credit: West Virginia Department of Military Affairs and Public Safety This is a photo from a West Virginia Department of Military Affairs and Public Safety basic training program. And the you-know-what has hit the fan! On Friday, the Department announced that everyone in the photo, captioned “Hail Byrd!”, had…

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FMLA and other protections for part-time employees. These could be coming soon…

Videoplasty.com [CC BY-SA 4.0], via Wikimedia CommonsA new bill is coming to Congress soon that would make it far more likely for part-time employees to obtain leave under the Family and Medical Leave Act. It’s called the Part-Time Worker Bill of Rights Act — fancy that — and Senator Elizabeth…

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There’s retaliation, and then there’s locking the complainant in a walk-in freezer. (Allegedly)

Image Credit https://www.jbcharleston.jb.mil/News/Photos/igphoto/2000273522/ That’s cold. Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) announced here that it has settled a sexual harassment and retaliation lawsuit filed against a fast-food chain. The facts are indeed chilling. According to the EEOC’s suit, a 22-year-old male manager at the store was “forced to…

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Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…

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Can a demotion be a reasonable accommodation under the ADA?

Downturn Direction Banks Trend Down Symbol Arrow (Maxpixel.net: License to use Creative Commons Zero – CC0) In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. The plaintiff with a disability was also thinking the same thing in this recent federal court…

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Folks, it’s never a joke when employees use the N-word at work. Make sure your managers know that.

Image Credit: PeakPX.com – License to use Creative Commons Zero – CC0 Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a…

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The best 19 traditional Thanksgiving sides (2019 edition). You won’t believe number 4!

Image by Oberholster Venita from Pixabay Back by popular demand because, frankly, no one is reading this blog today anyway, I’m putting the kids to bed early and getting an early start on Amateur Night keeping up The Employer Handbook tradition of ranking the foods that you will eat tomorrow.…