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Posts by Joe Boone

EEOC Explains How to Report Nonbinary Individuals on EEO-1 Form

As more employees have identified their gender as nonbinary rather than male or female, employers have struggled to determine how to report these workers’ gender on the EEO-1 form provided to the Equal Employment Opportunity Commission (EEOC). The EEOC recently has said in an FAQ that employers may report this information in a comments section…

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Your Employee Filed An EEOC Charge. Now What?

Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…

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Parents May Take FMLA Leave for Special Education Meetings

Parents can take Family and Medical Leave Act (FMLA) time off to attend special education meetings—called individualized education program (IEP) meetings—for children with serious health conditions, according to an Aug. 8 U.S. Department of Labor (DOL) opinion letter. FMLA leave likely will increase as parents learn that time off for this purpose is an option.…

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To Avoid EEOC Actions, Create Policies, Train in Advance

As topics like #MeToo and workplace bias receive continued attention, the importance of understanding how the Equal Employment Opportunity Commission (EEOC) works will only grow. For one thing, experts say, the EEOC’s procedures are complicated and evolving. For another, many companies work under misconceptions that could complicate an already messy situation should they ever be…

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Timing Alone Is Not Enough to Prove FMLA Retaliation

A short period of time between leave taken under the Family and Medical Leave Act (FMLA) and a subsequent disciplinary action does not prove the two are related, according to the 8th U.S. Circuit Court of Appeals. The plaintiff worked as a surgical assistant for St. Luke’s Episcopal-Presbyterian Hospitals from 1995 until her termination in…

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Employee Burnout: A Workplace Safety Hazard?

Employee burnout is now an officially diagnosable condition. According to the World Health Organization (WHO), which recently updated its definition, employee burnout is not a medical condition. Instead, the WHO calls burnout an “occupational phenomenon.” Here’s how the organization is defining it: Burnout is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully…

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How Can I Sue Thee? Let Me Count The Ways.

Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were Discrimination (not only unlawful discrimination, but also favoritism and nepotism, which are legal but are likely to lead to charges and lawsuits because of the perceived unfairness) Failure to consider or make reasonable accommodations Failure…

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Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…

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The Extramarital Affair at Work

Do you handle it differently from any other workplace romance? Gossiping. Backstabbing. Falling morale. Fading respect for leaders. What workplace event could cause all these things? An extramarital affair. Nearly one-quarter of workers who reported a workplace romance said their affair involved a person who was married at the time, according to the results of a…

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