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Protected conduct “can be as simple as telling a supervisor to stop.”

When I think about retaliation, I think about that time I plastic-wrapped the judicial toilets after losing a motion to compel an employee who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the…

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EEOC scores a major victory for transgender rights

Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another. One of those cases settled last week for $150K. Yesterday, the other action survived the employer’s motion to dismiss the case. Now, the federal court deciding…

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For ADA and accommodating employee disabilities, think ‘Burger King’

ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets. Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons…

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Are there no limits to what employees can get away with on social media?

I can’t blame you if last month’s decision from the National Labor Relations Board, left you asking the question: “Are there no limits to what employees can get away with on social media?” The Board decision, in case you missed it, reinstated an employee who went on Facebook and called his boss a “NASTY MOTHER…

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The Employment Law Blog Carnival: April Showers Edition #ELBC

Three highlights of my weekend: This sword-balloon fight at dinner on Saturday. Eagles sign Tim Tebow. Because, what could possibly go wrong by reuniting this with this in Philadelphia? Catching up on the pilot of the new FX show, The Comedians. I’m all in. Honorable mention — ok, better than the balloon fight…

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Dude, you were fired for fellatio jokes, not your disability.

Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…