One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically […]
As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workforce.
Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the […]
Social media is ubiquitous. With our use of social media at an all-time high, employers must take extra care to protect company information. In a world in which employees are live streaming their “everything” on social media, employers must determine whether to monitor employee social media accounts. And it’s not uncommon for employers to do […]
A growing number of employers are turning to artificial intelligence (AI) to help with selecting the best job candidates. Although it can make the decisions easier by reducing the amount of work required to find a great employee, some commentators are increasingly concerned about the potential for discrimination or disparate outcomes as a result.
In an earlier post, we discussed how to make your job post shine. But is your posting inclusive? We spoke with Katrina Kibben, Founder and CEO of Three Ears Media, to learn how to attract diverse talent.
With an estimated 36.2 million Americans working remotely by 2025, working from home has become the new norm. Although remote work has its benefits, it also diminishes open lines of communication between employers and employees, leading to issues in the workplace that go unacknowledged as a consequence of a dispersed workforce. Cyberbullying, harassment, and discrimination […]
After the U.S. Supreme Court’s Bostock decision in June 2020, which found discrimination because of someone’s transgender status is prohibited under the umbrella of sex discrimination, the Equal Employment Opportunity Commission (EEOC) issued guidance expanding on the practical implications. The guidance highlights one form of harassment that can contribute to creating a hostile work environment […]
After less than four hours of deliberation, a jury in a California federal court recently awarded $136.9 million to a former Tesla subcontractor after finding he had been subjected to a racially hostile work environment at the company’s factory in the northern part of the state. The huge damages award demonstrates the potential dangers underlying […]