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The Employer Handbook Blog

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Hostility at work is not necessarily a “hostile work environment.”

As a lawyer, a mediator, a workplace investigator, and a blogger, I’ve seen my fair share of employees claiming that someone(s) subjected them to a “hostile work environment.” But here’s the thing. Unless the behavior about which the individual complains is based on that person’s protected class, the law won’t…

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Hey, management-side employment lawyers! Bookmark this post now and thank me later.

We’ve all been there as defense attorneys. You find yourself defending claims of disparate treatment under a federal anti-discrimination statute like the Age Discrimination in Employment Act (ADEA) where your client hired someone younger than the plaintiff. The only logical explanation, according to the plaintiff, is age discrimination. Why? Because…

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The ADA cheat sheet for accommodating disabilities of seasonal employees and interns

The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Last night, I read this one about a $70,000 settlement that the EEOC reached with a Colorado employer to resolve a lawsuit filed under the Americans with Disabilities Act. The EEOC alleged…

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Following this week’s Supreme Court ruling, can private companies mandate prayer sessions at work?

The U.S. Equal Employment Opportunity Commission doesn’t think so. It’s suing a residential home service and repair company for violating federal law when it allegedly required employees to participate in religious prayer sessions as a condition of employment and retaliated against employees who opposed the unlawful practice. Before I detail…

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Is it legal to fire someone for getting an abortion?

Yesterday, we covered whether the Family and Medical Leave Act allows women who have an abortion to obtain leave for a serious health condition. Today, we’ll talk about the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964 to prohibit employers from taking adverse employment…

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Does FMLA cover leave for abortion? What about in states where it’s illegal?

The ink was barely dry on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization when the U.S. Department of Labor released a statement in which the agency confirmed that it would continue “empowering women using every tool” available. The DOL supports reproductive freedom. On Friday, U.S. Secretary of…

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What should we say to our employees about Roe v. Wade?

Over the weekend, I read this Reddit post. It’s from an individual who says the company will require employees to attend a pro-life celebration today following the Supreme Court’s ruling on Friday in Dobbs v. Jackson Women’s Health Organization. Many of the 1,300 comments focus on the wage-and-hour implications of…

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Here’s another reason why enforcing a non-compete can be so darn expensive

I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. When these cases advance to court, most are about one thing: getting an injunction to stop a former employee from…