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The Employer Handbook Blog

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The EEOC has no chill for your discriminatory prescription drug use and hiring policy

Do you require potential hires to pass a drug test as a condition of employment? If so, there are some limits as to what you can do. For example, the Americans with Disabilities Act is the federal law that make it unlawful for employers to discriminate based on a disability. While nothing in the…

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Pish-posh to everything we ever knew about litigating discrimination claims

I feel naked. And, I have the vapors. Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching. Evidence is evidence. Someone once described the Seventh Circuit Court of Appeals to me as a maverick court. Like the kinda court that goes to Morton’s The Steakhouse and orders a Grilled Chicken…

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Don’t miss tomorrow’s free webinar: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…

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Court says Hobby Lobby decision sometimes greenlights sex discrimination at work

I teased it in Friday’s post. Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused…

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Your dress code may create a big sex-discrimination mess at work

Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim. (And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and…

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Do-over! Employer avoids a discrimination claim by rescinding employee’s termination

Get back to where you once belonged. Picture this… You decide to eliminate an employee’s position, but give her a few weeks’ notice. Prior to her last day of work, you present this employee with a severance agreement, which offered her six weeks of pay in exchange for “a complete waiver…

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Celebrating an employee accused of domestic violence with a song about domestic violence — bad idea.

It is fairly common for Major League Baseball pitchers to have music played when they enter a ballgame. For example, the great Mariano Rivera famously entered games in the ninth inning to Metallica’s Enter Sandman. Aroldis Chapman (pictured above), can hurl a baseball 103 miles per hour with his left hand. He…

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There’s a metaphor for the $7 million that the DOL is paying to settle its own employees’ FLSA claims…

Wait, it’ll come to me…. Please be patient. It’ll come to me…   It’s right there on the tip of my tongue. Maybe some music would help… No, I got nothin’. Bloomberg Law’s Ben Penn reports here (subscription required) that the U.S. Department of Labor has agreed to pay $7 million to…