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The Employer Handbook Blog

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#MeToo went viral. But, how big has it really been on social media?!? I’ve got the numbers…

Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/) On October 15, 2017, actress Alyssa Milano urged socal media user to share their stories of sexual harassment using the hashtag #MeToo. Maybe you’ve heard of it. Of course, you have. As have the millions of others who have used the hashtag since. This post goes…

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I’m gonna go ahead and file this post about age discrimination under “Duh!”

Image Credit: Pixabay.com (https://pixabay.com/en/cartoon-boy-child-character-cute-2602989/) The Age Discrimination in Employment Act is a federal law that makes it unlawful for employers to discriminate based on age against anyone who is 40 or older. Got that? 40 or older. This recent federal opinion involves an age retaliation claim that a 32-year-old employee asserted…

Posted in: Age
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When must you provide light duty to a pregnant employee? It depends…

Image Credit: Pixabay.com (https://pixabay.com/en/pregnant-woman-pregnancy-mother-735393/) I feel awful about the Red Sox eliminating the Yankees not blogging for you on Wednesday. So, today you get a double shot of The Employer Handbook. This one is about pregnancy discrimination. Specifically, a recent federal court opinion where the issue was whether an employer…

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When the same person does the hiring and firing, can there really be any discrimination?

Image Credit: Pixabay.com (https://pixabay.com/en/glass-crack-broken-broken-glass-101792/) Consider this example: A supervisor hires someone who is over 40 years of age. Not long after, the same supervisor fires that same employee. What are the odds that age motivated the termination of employment? (Remember, that the supervisor voluntarily hired the same over-40 employee too.)…

Posted in: Age
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If an attorney investigates workplace harassment, must the company share the report if it is later sued?

Image Credit: Pixabay.com (https://pixabay.com/en/audit-investigation-searching-3608131/) One of your employees just complained to human resources that a co-worker sexually harassed her. As a responsible employer, you decide not only to investigate the complaint but to engage outside counsel to lead the investigation. Outside counsel investigates. When the investigation ends, outside counsel creates an…

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#MeToo began in late 2017. But, was there really a new surge of sexual harassment claims since? Let’s find out…

Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/) Yesterday, the U.S. Equal Employment Opportunity Commission released some preliminary sexual harassment data for the fiscal year 2018.  Based on preliminary data, in FY 2018: The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase…

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Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.

Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/) If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard. (If you haven’t and want a copy of my presentation, well, all you have to do is ask.) In Keith v. County of Oakland, a…

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What have I done? For the love of Fair Credit Reporting Act!!!

Image Credit: Pexels.com (https://www.pexels.com/photo/bed-bedroom-room-furniture-2705/) Last night, I had trouble sleeping. After a long weekend in Nashville, followed by a full day of presentations yesterday to a fantastic audience at the SHRM Lehigh Valley October Conference, capped off by a late evening rainstorm, I should’ve slept like a baby. But, I…

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Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsI was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. A company…