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Posts by Mark Busto

The EEOC Provides ADA Guidance on Specific Conditions

May 31, 2013  by  Mark Busto
Category:  Americans with Disabilities Act Guest Author

The Equal Employment Opportunity Commission (EEOC) recently issued four new "Question and Answer" documents that address how the Americans with Disabilities Act relates specifically to diabetes, epilepsy, intellectual disabilities, and cancer.

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Employers Need to Promptly and Effectively Address Complaints of Workplace Harassment

March 1, 2012  by  Mark Busto
Category:  HR Advisor

If an employer fails to take prompt and effective action to correct or end a workplace harassment issue, it can incur significant liability as shown in the 2010 court decision EEOC v. Prospect Airport Services.

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Electronic Communications and Social Media: Managing Employer Risks with Clear Policies

March 1, 2012  by  Mark Busto
Category:  HR Advisor

When employees engage in social media, the line between workplace and personal conduct can be easily blurred. This post reminds public employers to revisit their electronic communication policies and establish guidelines and expectations concerning employee use of social media.

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Drawing the Line Between Physical Fitness Tests and Medical Examinations Prohibited by the ADA

March 1, 2012  by  Mark Busto
Category:  HR Advisor

Does a physical capacity evaluation for an employee returning to work from medical leave constitute a lawful physical fitness test, or a prohibited medical examination under the Americans with Disabilities Act? Indergard v. Georgia-Pacific Corp. (2009) addresses the issue.

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The Latest in Retaliation Law

March 1, 2012  by  Mark Busto
Category:  HR Advisor

A 2009 Supreme Court decision, Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee, confirmed that federal law broadly protects employees who oppose discriminatory conduct and explains "opposition" activity.

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New Domestic Violence Leave Expands Washington Employees' Right to Time Off

March 1, 2012  by  Mark Busto
Category:  HR Advisor

Effective in 2008, employers must provide leave to victims of domestic violence, sexual assault, or stalking. This post provides an overview.

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Ringing in the New? Pregnancy Discrimination and Pregnancy-Related Leaves

March 1, 2012  by  Mark Busto
Category:  HR Advisor

In light of the 2007 Supreme Court decision Hegwine v. Longview Fibre Co., local agencies should review their policies and procedures to ensure that they are following the most recent guidance regarding employing pregnant women.

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