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The Employer Handbook Blog

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How to avoid a colonoscopy gone bad in your workplace

One of my very best readers, a true HR all-star, forwarded to me this article from Tom Jackson at the Washington Post, about a colonoscopy gone wrong. Actually, the procedure was a success. However, the patient hit record on his smartphone before the anesthesia kicked in. And what he recorded resulted in…

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Pee and Poop: One employer cleans up; another pays $2.25 million

Just another ho-hum Wednesday here at the ol’ Handbook. Urine trouble now. So, did you hear the one about the employee who got caught urinating next to shopping carts near the front entrance of a big home improvement store? He even admitted to, and apologized for, his public urination, explaining that he…

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3d Cir: No serious health condition? No problem. You too may have FMLA rights.

  Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious…

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Kung Fu Panda likes Instagram photos mid-game; Boston Red Sox, not so much

Last week, CareerBuilder.com released its survey of the most common workplace productivity killers. Three of the top four were cell phones, the internet, and social media. In Wednesday night’s game against the Atlanta Braves, Boston Red Sox third baseman Pablo “Kung Fu Panda” Sandoval hit all three of those. During a…

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GOP proposes pregnancy discrimination bill. In other news, pigs fly.

Ok, to be fair, the Pregnancy Discrimination Amendment Act (here), isn’t exactly the most progressive piece of legislation. Kinda like putting provolone on a cheesesteak; no Cheez Whiz here. Congressman Tim Walberg (R-MI) and Senator Lisa Murkowski (R-AK) introduced the PDAA yesterday to clear up the confusion arising from the Supreme Court’s opinion…

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“Patience” is a great G N’ R song; not a reasonable accommodation under the ADA

Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom). But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with…

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More questions than answers come out of EEOC public meeting on workplace harassment

Yesterday, the EEOC’s Select Task Force on Workplace Harassment (STF) — as opposed to this STF (sorry, I’m basically a 12-year-old trapped in a quasi-successful lawyer’s body) — held its first public meeting. The purpose of the meeting was to explore the scope of workplace harassment and the types of research already…

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Can the NAACP legally fire Rachel Dolezal? Here’s an employment lawyer’s take.

Late last week, Rachel Dolezal, the President of the Spokane Chapter of the NAACP and a leader in the black community, was outed by her parents as being white. The controversy caught a lot of people by surprise, most notably, the Spokane Chapter. Amidst a flurry of activity over the weekend — just…