Month: September 2009

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]

Boot Camp for Supervisors—Most Important Training You Give?

In yesterday’s Advisor, we talked about helping new supervisors with tricky disciplinary issues. Today, we’ll tackle termination, and take a look at a unique new "boot camp" for supervisors. Supervisors need clear guidance and strong reminders about their HR responsibilities. You can’t use the "hope system" with compliance issues (“We hope they’re doing it right.”). […]

New Supervisors—Ticking Time Bombs?

It’s clear that your supervisors are the first line of defense in preventing lawsuits, but don’t forget, that means they’re the first line of offense as well—the people in position to make the biggest and most costly mistakes. Your supervisors are good people, well meaning and capable. But especially when they are new, they don’t […]

Can Employees Choose to Work Instead of Take a Meal Break?

The California Supreme Court is currently considering the scope of employer meal break obligations under state law. The question before the court is whether employers must only “provide” a meal break, or “ensure” that employees take meal breaks. There’s no indication of when the court will be making its ruling.

More Amendments to Human Rights Legislation in Canada

by Katie Clayton and Farrah Sunderani Over the past couple of years, human rights legislation across Canada has undergone a period of transition. This comes as a response to growing dissatisfaction with outdated statutes and the lengthy processes in place to resolve complaints. Amendments to the British Columbia Human Rights Code were proposed in 2002 […]

Complain About Me? I Don’t Think So

HR managers have a balancing act to perform in preventing retaliation, says Attorney Judith A. Moldover. You’ve got the manager storming around, saying "I’m going to get this person—can I fire him today?" And you’ve also got a complaining employee who is strutting around thinking he or she is bulletproof. Find the balance, Moldover says. […]

Hot List: Bestselling “Business Life” Books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, September 28, in the “Business Life“ section of the “Business and Investing” category. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by […]

Retaliation Suits Are Up—But HR Can Prevent Them

Retaliation suits are the one type of EEOC suit that is increasing, and Attorney Judith A. Moldover says HR managers have an “incredible role” in sparing their organizations the expense those suits invariably bring—even if you “win” them. Retaliation claims are very fact related, says Moldover, and that makes it especially important that someone with […]

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

Responding to Employees’ Personal Social Networking

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about […]