'Disability association' claim won't fly, judge says
A manager of a regional airline has lost his suit claiming that he’d been discharged on account of his wife’s disability.
Retaliation
'Last chance' agreements: What HR's doing wrong
Some HR pros have become afraid of entering into “last chance” agreements with poor-performing staffers. But as one workplace expert notes, those agreements can be legal and helpful — as long as they’re done the right way.
'Put on your big boy pants': Takeaways from man's retaliation suit
When a male employee in a predominantly female workforce voices a gender discrimination complaint, it’s probably not the best idea to tell him to “suck it up” and “put on your big boy pants.”
'She never reported harassment': A 3-factor test determined who's liable
Imagine being sued by an employee who claims she was sexually harassed, but she never bothered to report it to anyone. Your company won’t be held liable, right? Well, you’ve got to pass a three-pronged test first, according to the 4th Circuit Court of Appeals.
'You can't fire me, I'm on FMLA': Was mistake-prone worker correct?
As you know, taking FMLA leave can’t completely shield an employee from termination, especially when the person’s performance warrants him or her being fired. But the FMLA very much complicates the matter. So what do you need to be able to safely let under-performing FMLA-takers go?
'You can't work on Sundays – you're pregnant'
Pregnancy discrimination cases don’t get much stranger than this.
$50k tab for retaliating against woman who filed EEOC complaint
A Colorado automotive group fired a woman who had been part of a lawsuit alleging the company fostered a sexually hostile work environment. And guess what? She filed another EEOC complaint, and the company’s now looking at a $50,000 settlement.
1 in 3 say they’ve had an office romance
It’s Valentine’s Day, when romance blooms in the hearts of workers — and employers worry about sexual harassment claims.
3 dumb retaliation cases that cost firms big
Retaliation is the most common employment discrimination claim for the third year running – and that’s no surprise, what with the way these three firms acted.
3 employment cases at the Supreme Court
The U.S. Supreme Court just began its new term. A lot of what they do will have a big impact on HR.
3 little words from CEO propel worker's retaliation lawsuit
Here’s more proof that managers (and executives) need to keep their opinions to themselves and just stick to the facts when disciplining employees. Otherwise, they could create a path for employees to sue.
3 problems in many complaint procedures
Normally, companies can’t be sued if a harassment victim fails to make a complaint to management or HR. But not when a court decides it’s the company’s fault no complaint was filed.
3 ways EEOC investigations get screwed up
No one in HR looks forward to getting notice of an EEOC investigation. But planning ahead can save a lot of trouble — and help keep your company out of court.
4 FLSA amendments proposed in Congress
The Paycheck Fairness Act may have stalled in the Senate, but there’s no shortage of new bills before both houses of Congress that would amend the Fair Labor Standards Act.
5 things to do after the investigation
Once you’ve finished the legwork of investigating a harassment complaint, your job has just begun. To cover all your bases:
5 times it’s OK to fire an employee on FMLA leave
Of course, you’d never fire someone for taking FMLA leave. But perhaps the termination had been in the works long before the person took FMLA leave. It’s still a sticky situation, but a court recently outlined when it’s safe to say goodbye to someone on FMLA leave. The danger is, obviously, FMLA interference and retaliation […]
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