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The Employer Handbook Blog

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Bookmark and share: Lessons from an employment lawyer’s comeback from crippling mental health issues

Absolutely, Mark! I’m guilty. If you’ve seen me speak at HR events about the Family and Medical Leave Act or the Americans with Disabilities Act, you’ve probably heard me quip about employees seeking FMLA leave or leave from work as an ADA accommodation because work is stressing them out. Fortunately, the people…

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There’s a false rumor going around that a female employee slept her way to the top. Can she sue for sexual harassment?

Image Credit: Pixabay.com (https://pixabay.com/en/yada-yada-board-insignificance-1432923/) Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top. Do you think that: (a) these rumors are gender-based, or (b) based upon false…

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Your employee uses medical marijuana. Her drug test is positive. But, how do you know if she was high at work?

Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) “Let’s see,” I said to myself. “I want to blog about this important, brand new medical marijuana employment law decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.” “Yeah, but unless you…

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Lower court reminds us that LGBT rights remain limited in the Third Circuit, well, except…

Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/ A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Here’s what Judge Gerald McHugh said: This case involves a…

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EEOC: The equal-opportunity-groper defense is a bad one

Nyttend [Public domain], from Wikimedia CommonsThere’s this defense to discrimination claims to which, sadly, we on the defense side must resort occasionally. That is, if a manager or supervisor is mean to everyone, then it is unlikely that he or she has singled out a particular person based on that…

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It’s official! NJ is moving to $15/hr minimum wage.

Copyright Free – Stock Free images. Public Domain image dedication. CC0 1.0 Universal Licence – http://creativecommons.org/publicdomain/zero/1.0/ Remember when I told you that New Jersey was this close to upping the minimum wage to $15/hr? I lied. (Actually, I was telling the truth.) Dustin Racioppi at NorthJersey.com reports here that Governor Phil…

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When do you have the file your EEO-1 this year?

We don’t talk much about the EEO-1 Report on this blog. The EEO-1 is the federally-mandated survey of company employment data categorized by race/ethnicity, gender and job category Companies with 100 or more employees must file it each year. Certain federal contractors with 50 or more employees must file the…