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Case In Point

Mindy Chapman Esq. is the founder of the nationally acclaimed “Workplace
Training that Clicks & Sticks™” and co-author of the American Bar
Association’s best seller and authority on civil rights training, “Case
Dismissed! Taking Your Harassment Prevention Training to Trial.” Case In Point is an entertaining look at the employment law cases impacting you today, plus practical ways to protect yourself and your company.

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The economy is still funky. Unemployment continues to rise. And, with Boomers entering their retirement years, some of those older laid-off employees are crying foul. In fact, the EEOC last year reported a shocking 29% rise in age discrimination claims. The good news: A recent U.S. Supreme Court decision made it more difficult for employees to win such cases, as the following case shows …

You must grant “reasonable” work accommodations to disabled employees. But what if the person’s disability could actually create a safety threat in the workplace? Must you still keep him in that job?

Have you ever felt that punch-to-the-stomach feeling of clicking “Send” and realizing you sent an e-mail to the wrong person? That usually causes only mild embarrassment. But as the CEO in the case below learned, one misguided e-mail mixed with some poor judgment can stir up a potent legal stew …

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act (ADA), that person could be deemed “disabled” and entitled to reasonable work accommodations ...

Do you have employees who are required to drive as part of their duties? What should you do if they start taking prescription painkillers? Do you have to still let them get behind the wheel in order to avoid an Americans with Disabilities Act (ADA) claim? Or can you fire them for not being able to perform the essential functions of the job?

You may think your managers know how to respond to harassment claims. But what if those complaints are about male-on-male or female-on-female harassment? That’s not what harassment looked like in the training video! Would your managers shrug it off--as in the following case--by saying, “Don’t be so sensitive. Go back to work!” If so, get ready to write a big check—and don’t be so “sensitive” about how many zeros your company might have to put at the end.

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