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Chapter 4. Staffing Up > Do's and Don'ts - Pg. 95

Staffing Up 95 Legal Defenses: The employer avoids liability by showing that it had a legitimate, nondiscriminatory basis for its decision. The employee would then have to prove that such basis was a pretext for discrimination. Note CAUTION Note that allowing absences is a common requirement, which means giving the job back to theemployee after his absence. Game developers aremost likely to encounter this law in relation torepetitive stress injuries and emotional/substanceabuse disorders.A recent Su- preme Court decisionnoted that not all RSI can be considered a disability, only those re- stricting a person's ability to carryout required life activities, such as householdchores. Note CAUTION Even if a company isexempt from the federal laws due to itssmall size, it may besubject to staterestrictions. Do's and Don'ts The following guidelines can help you adhere to the anti-discrimination statutes. Be sure to check with your local counsel for additional guidelines necessary to comply with applicable state laws. Solicitation (Want Ads) DON'T include any express or implied statements of preference or requirement based on sex, age,