A good reason to swear off gossiping at work.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a "protected category" (for example, sex or race), and "severe or pervasive."

But most employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each other's ...

On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic versions ...

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a "disability" within the meaning of the Americans with Disabilities Act -- even as amended in 2009 -- unless the condition was caused by some underlying physiological disorder.

In addition, if the individual develops a medical condition because of the obesity (such as diabetes or ...

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that driving might not be an ADA ...

http://polldaddy.com/poll/9273052/

The best answer is "In all likelihood." A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is.

http://polldaddy.com/poll/9273130/

The best answer, again, is "Maybe yes, and maybe no." The big point here is that you can't count on being able ...

Grrrrrr.

This blog is non-partisan, but . . .

If you're following the 2016 presidential elections at all, you know that Hillary Clinton's political opponents are trying to attack her by making an issue of Bill's sexual misconduct. One of the things being said by some of Hillary's opponents is getting under my skin from an employment law standpoint.

It is said that Hillary isn't a ...

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent of the time, you should stay away from these topics in job interviews.) My post prompted one reader to ask some follow-up questions that I think are worthy of another ...

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?

Right?

Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception to this rule. (Otherwise, it would be too easy for employers to stay out of ...

DISCLAIMER: Today's post has absolutely nothing to do with Veterans Day. But thank you, veterans!

Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment. Since then, two women have come forward publicly, and all I can do is quote from my partner John Doyle:

*shrugs shoulders and sighs* "Well, you don't get your witnesses from Central Casting."