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Employment Law

HR department party to racial slurs, DOJ lawsuit contends

10/26/2022
When an African American employee subjected to a racial slur complained to the HR department, he and a fellow employee were allegedly targeted with additional harassment and then fired, according to a DOJ lawsuit filed in October against Bartow County, Ga.

Boorish behavior or harassment? Know the difference

10/26/2022
Not every crude comment or poorly received joke amounts to sexual harassment. An older federal appeals court decision overturning a sexual harassment jury award offers tips on what qualifies as illegal sexual harassment and where to draw the line.

Recruiting scams—watch out!

10/25/2022
Employment scams are on the rise. As if vulnerable, unemployed Americans didn’t have enough to worry about these days—inflation at a 40-year high, a looming recession—scammers are taking advantage of the post-pandemic job jitters.

Panic attacks that don’t affect performance cannot cause termination

10/25/2022
Pivotal Home Solutions, a home warranty company headquartered in Illinois, must pay $175,000 and provide other relief to settle a disability discrimination lawsuit brought by the EEOC, the federal agency announced on Oct. 13.

Don’t discourage employees from taking FMLA leave!

10/25/2022
The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

Allergies and the ADA

10/25/2022
Workers suffering from allergies might be entitled to accommodations under the Americans with Disabilities Act, depending on the type and severity of their allergies. Apart from the ADA, allergies might also be covered under other disability nondiscrimination legislation.

One job at a time, please

10/25/2022
Moonlighting, or working a second job, has always existed as a feature of the after-hours workplace. But computers and remote work have brought the temptation to work two or even three jobs into the daylight.

FMLA and mental health—what you need to know as an employer

10/20/2022
Do you have an employee looking to take FMLA for mental health? Following are some tips and guidelines to know when it comes to employees taking FMLA for mental health reasons.

No go: Attempts to blame sexual harassment on plaintiff backfire

10/20/2022
One of our primary roles as attorneys is to protect our clients from their worse instincts, like this one: “Let’s file a motion to require a sexual harassment plaintiff to submit to a psychosexual examination.” Umm, no.

EEOC warning: Consider disabilities when enforcing drug tests

10/20/2022
A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.