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The Employer Handbook Blog

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That’s what they said: Social media and the workplace and the lawsuits

One social media-related post in October. One may be good enough for the Red Sox — eat it, Detroit — not here. So, with a little help from my friends, I’ve got three stories on the the impact that the technology in the workplace has on litigation proceedings. Over at…

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NY Court: Indefinite leave may be a reasonable accommodation for disabilities

New York City. As Jay-Z and Alicia Keys sang, it’s the “concrete jungle where dreams are made of. There’s nothin’ you can’t do.” That includes taking indefinite leave as a “reasonable” accommodation under the New York City Human Rights Law. Yep. That’s what the song means. Trust me. It’s in…

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FACT OR FICTION: FMLA and workers’ compensation may run concurrently

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Earlier this week, I spoke at the SHRM Lehigh Valley Annual Conference on leave issues under the Americans with Disabilities…

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Must an ADA requested accommodation correlate to an essential job function?

To receive the protections of the Americans with Disabilities Act, an individual with a disability must be qualified to perform the essential functions of the job with or without reasonable accommodation. Absent undue hardship, an employer must provide a reasonable accommodation. So, you’d think that the ADA would require a…

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Court destroys my “Ravishing Rick Rude” theory of same-sex harassment

Cut the music. A little over a year ago, I wrote here about a steel worker named Kerry Woods. Unfortunately for Mr. Woods, he was on the receiving end of a constant barrage of “raw homophobic epithets and lewd gestures” from his supervisor. Notwithstanding, the Fifth Circuit Court of Appeals…

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Court holds that anxiety from possibly getting fired is an ADA disability.

  Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher’s classes noted several deficiencies. So, the school placed the teacher on a performance improvement plan. It was right around this time that the…