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The Employer Handbook Blog

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Fact or Fiction: Can an employee pursue a hostile work environment claim based on his disability?

Image Credit: Pixabay.com (https://pixabay.com/en/question-mark-note-duplicate-457454/) That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” It’s your fault that this post is so short. Remember, earlier this week when I asked…

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EEOC: A company that helps people with disabilities violated the Americans with Disabilities Act.

Ironic Humor Rock Irony Nothing Is Written In Stone (https://www.maxpixel.net/Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756) Isn’t it ironic? Don’t you think? Yesterday, I read (here) about a lawsuit that the U.S. Equal Employment Opportunity Commission filed against a non-profit. That non-profit company provides job opportunities to people with disabilities. The EEOC alleges that the non-profit…

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How does one of your employees actually prove discrimination in court?

Javid44 [CC BY-SA 4.0], via Wikimedia CommonsOh, I thought that you knew. I was just asking for a friend. Alright, fine. I’ve got a little something to say about this. The Eleventh Circuit had a LOT to say about this. So, let’s start with this federal appellate court decision from…

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The EEOC held a ‘top secret’* meeting with business groups yesterday and I’ve got all the details.

By U.S. Government – Extracted from PDF file here., Public Domain, Link And by ‘top secret,’ I mean ‘public’ where anyone can attend. I didn’t attend because I don’t trust the blogmobile with the valet, among other reasons. Fortunately for us, however, the U.S. Equal Employment Opportunity Commission was kind…

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A critical EEO-1 update and let’s revisit my Bloggerdome cereal rankings. The struggle is real!

  The cereal needs its own post. That’ll be tomorrow. As for the EEO-1’s, earlier this month I blogged here about a federal court decision that paved the way for collection of employee pay data as part of the EEO-1 submission process. The White House Office of Management and Budget…

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New Jersey just banned NDAs in discrimination, retaliation, and hostile work environment settlements

Image Credit: Pixabay.com (https://pixabay.com/photos/secret-hidden-message-1142327/) Well, it appears as though I may need to update my PowerPoint for a local New Jersey SHRM conference at which I am presenting tomorrow. Yesterday, New Jersey Governor Phil Murphy signed into law this bill, which makes any non-disclosure provisions in an employment contract or…

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A pharmacist claims that his employer should have accommodated his fear of needles. And he may be right.

Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/) Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. The Americans with Disabilities Act (and similar state laws) require that an employer reasonably accommodate…

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U.S. Department of Labor flips the bird for FMLA-eligible employees who then try to decline FMLA leave

jlastras [CC BY-SA 2.0], via Wikimedia CommonsWell, not literally. But, bear with me, and it’ll all make sense in a minute. Can an employee decline FMLA leave? The Family and Medical Leave Act entitles eligible employees to take 12 weeks of job-protected leave in 12 months. Maybe, you’ve heard of it.…