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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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In the past few weeks, several Hollywood celebrities—including Catherine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bi-polar disorder, a mental illness defined by high and low mood swings. Even Charlie Sheen has dubbed himself “bi-winning.” But what if a bipolar employee exhibits threatening behavior—can you discipline the action, or must you accommodate the disability? Do anti-violence policies trump employee disability rights? Here what one court said this month …

In the past few weeks, several Hollywood celebrities—including Catherine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bi-polar disorder, a mental illness defined by high and low mood swings. Even Charlie Sheen has dubbed himself “bi-winning.” But what if a bipolar employee exhibits threatening behavior—can you discipline the action, or must you accommodate the disability? Do anti-violence policies trump employee disability rights? Here what one court said this month …

Do your supervisors know it’s illegal to lash out at or get revenge on employees who voice legal complaints? While race discrimination has historically been the most popular employee discrimination claim with the EEOC, retaliation took over the top spot last year. A $3 million jury verdict this week shows how America is becoming Retaliation Nation …
Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give the employer the opportunity to try to right the wrong.
Reductions in force (RIFs) are a fertile ground for employee lawsuits to sprout up. But as this ruling last week shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …
If an employee has a disability it’s like they become untouchable, right? Wrong! As one court recently noted, following your policies consistently can be a lifesaver against claims of discrimination—even when terminated employees are in protected categories…
Remember the good ol’ days when you could fire someone based on performance? All you needed was proper documentation. Well, those days are over. The U.S. Supreme Court has created a whole new class of plaintiffs—and added an extra step to your termination checklist…
In Hollywood, couples break up every few seconds because of incompatibility. But is “incompatible work styles” a good enough reason to divorce yourself from an employee? This week, one court said it is. However, be aware they will look at your reasoning with caution…
The Fair Labor Standards Act (FLSA) is one tough wage-and-hour law. Playing with it can create drama and cause trauma—especially when it comes to paying overtime or, in a case this week, not paying overtime…
Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last week said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story…
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