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Articles Posted in #employment discrimination

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Social Media Posts and Litigation Discovery

With the use of real-time social media posts becoming ubiquitous, employees need to be increasingly aware of the possibility that what they post on Facebook or Twitter may be discoverable in a potential discrimination or harassment lawsuit. In a recent EEOC case, the Commission filed suit on behalf of 20…

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Interesting Pre-Thanksgiving Links

With the holiday coming up, I wanted to write a quick post linking to some interesting (and in one case bizarre) labor and employment law stories. I hope everyone has a safe and happy Thanksgiving. The Shirazi Law Firm has an interesting post about how Magic Johnson is currently being…

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New Jersey Case Calls Alcohol and Drug Testing Policies into Question

A recent New Jersey appeals court decision found that ExxonMobil’s drug and alcohol policy was facially discriminatory, with implications for similar policies maintained by other employers. In the case in question, an employee identified herself as a recovering alcoholic seeking rehabilitation, and due to ExxonMobil policy, was forced to enter…

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Employees on FMLA Leave Should Avoid Abusing Leave

In an addition to our recent FMLA posts, I wanted to highlight a recent article by the Employer Handbook that demonstrates how employees on FMLA leave need to be careful about what they put on the internet. In the case in question, an employee with the Advantage Health Physician Network…

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FMLA Leave Applies to Fathers Too

A recent lawsuit highlights that FMLA leave should be provided to working fathers as well as mothers. In the case, Ariel Ayanna sued his employer, the law firm Dechert LLP, after they terminated him when he took leave following the birth of his son. A court recently refused to dismiss…

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Employment Law Issues on Election Day

With Election Day only hours away, I thought it would be a good time to share some posts on employment law issues that may arise tomorrow. Most issues tend to focus on employees taking leave from work, but there are also some issues regarding workplace disagreements and other election-related issues.…

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NBA Sued by Employee for Gender Discrimination

A female employee who claims the league forced her and two other women with small children out of their positions has sued the NBA for gender discrimination. Brynn Cohn, who worked as a senior account manager for the past 10 years, claimed the league forced her out because of hostility…

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City Councils Attempt to Interpret EEOC Arrest Record Guidance

Back in May, the EEOC issued new guidance about the extent to which employers could use a job applicant’s criminal arrest history as a factor in the hiring process. Our blog post about the issue summarizes some of the key findings, and I will repeat a few here for clarity.…

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Church Employee Fired for Acts Inconsistent with Church Policies

A Georgia woman has filed a lawsuit against a Warner Robins church after having been terminated after church officials allegedly told her she was “living in sin”. The woman claims she was fired as a Nursery School Coordinator at Friendship Baptist Church after officials questioned her relationship with her fiancé…

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Two Interesting Posts Highlight ADA Nuances

Here are two posts from employment law blogs that illustrate some of the difficulties and contradictions of the ADA, especially when it comes to reasonable accommodations. In the first post, from Eric Meyer of The Employment Handbook, the court held that under the ADA a utility man could have a…

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