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Alcoholism and the ADA: Is it a disability? If so, how do you accommodate? And what are the limits?

TrafficJan82 [Public domain], via Wikimedia CommonsOh, I thought you had the answers. Fine, I’ll teach the class today. Could alcoholism be a disability under the Americans with Disabilities Act? Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect…

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If at first, you don’t succeed, try, try, try, try again. Then, file an age discrimination lawsuit. Then try again.

EverythingSuperMario [CC BY-SA 4.0], via Wikimedia CommonsThen, maybe just give up and move on with your life. I want to tell you a story. It’s about a woman in Ohio, well-educated woman in Ohio. You see, this woman initially graduated from college in 1996 with a degree in journalism. In…

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You just approved FMLA leave for an ineligible employee. What now?

Image Credit: Pixabay.com (https://pixabay.com/illustrations/oops-reminder-post-note-sticker-1432954/) You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you…

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New legislation would guarantee employees the right to collective and class action litigation

Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/) Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity. That decision…

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Seven signs the non-solicitation and non-competition agreements your employees signed may be unenforceable.

User:VasilievVV and user:Jarekt [Public domain], via Wikimedia CommonsOne of the benefits of being a client of this handsome employment lawyer/blogger is a weekly email with links to recent HR news and notes, as well as a bonus HR-compliance tip. The rest of you deadbeats are stuck with only five free weekly…

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#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19

Image Credit: SHRM.org Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today. That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities…

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Yeah, about that rule where you don’t allow employees to text that they’ll be late or absent…

Image Credit: Pixabay.com (https://pixabay.com/illustrations/mobile-text-phone-sms-980030/) Here’s the thing. If you’re managers relax the rule for their direct reports, good luck trying to use that rule as a basis to terminate someone’s employment. Consider this recent Fourth Circuit opinion. It involves an African American employee — let’s call him ‘Plaintiff’ — who…

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For real this time, the EEO-1 deadline is September 30, 2019. Seriously

Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019. (For more on this EEO-1 circus, click here.) That’s it. That’s all I’ve got for you today. Well, unless you like HR-compliance…