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The Employer Handbook Blog

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The NLRB’s blueprint for “quickie” union elections

“Blueprint”? Word. But, do you know how tough it is to find a blog-appropriate Jay-Z hit? Hmmm…let’s try this one. On Tuesday, the National Labor Relations Board’s “quickie” election rules survived a Senate challenge. Next week, April 30 to be exact, they go into effect. Hey! Isn’t that when the…

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5 takeaways from the EEOC’s new guidance on use of criminal records

  Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…

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Court holds mistaken discrimination is unmistakably illegal

  The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…

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Even a voluntary demotion can lead to a retaliation claim

A maintenance mechanic in Illinois received 28 disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination. On the advice of his union…

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ADA potpourri, anyone?

Smells like patchouli. Or is that teen spirit? Hey, it’s been a long day. Can an employer insist on regular attendance without violating the ADA? Maybe. says Robin Shea at the Employment and Labor Insider. And forget about indefinite leave as a reasonable accommodation under the New Jersey Law Against Discrimination…