Tag: discrimination

Court Upholds $923,656 Back-Pay Award

On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]

4 Tips for Employers Navigating Employment Waters in Puerto Rico

by Sylmarie Arizmendi of Arizmendi & Sanfilippo Often U.S. employers doing business in Puerto Rico assume that certain basic elements of the employment relationship are the same in Puerto Rico as they are stateside. That leads employers to expose themselves to liability because of differences in the employment laws. This article highlights four essential differences […]

Stack of Resumes

Former Employee Keeps Reapplying Despite Rejection Letters

by Reggie Gay Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps […]

U.S. Supreme Court Building

Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]

U.S. Supreme Court Building

Supreme Court Provides Win for Employers in Wal-Mart Discrimination Lawsuit

Today, the U.S. Supreme Court ruled in favor of Wal-Mart, the nation’s largest private employer, in a massive lawsuit that has been called the largest employment class action in U.S. history. The class of plaintiffs in Wal-Mart Stores v. Dukes included approximately 1.5 million former and current female Wal-Mart employees seeking injunctive, declaratory, and monetary […]

unlimited vacation

Unlimited Vacation Policies: Pros, Cons, and Pitfalls

Unlimited vacation is a growing trend that may be a good way for organizations to provide an incentive or bonus to employees to reward them for good work without increasing salaries or providing bonuses or other kinds of incentives. The concept of unlimited vacation is very simple: Employees can take vacation, personal, and sick time […]

TN Governor Signs Bill on State and Local Antidiscrimination Standards

Late Monday, Tennessee Governor Bill Haslam signed into law House Bill (HB) 600, which prohibits Tennessee’s local governments from imposing on employers any antidiscrimination practices or standards that vary from those in state law. Named the Equal Access to Interstate Commerce Act, the new law makes null and void any “practice, standard, definition, or provision” […]

Exit Interviews: An Underused Tool for Protecting Your Company

HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into […]

Playing Favorites

Litigation Value:  Get out your checkbook, Dunder Mifflin Sabre. Although your chauvinistic branch manager’s episode-ending dunk may have cut short his tenure in Scranton, his presumptive (acting) successor showed little in the way of enlightened damage control last night. Jo Bennett, where are you? No matter how the Supreme Court rules in a closely watched […]

Is Your Workplace Bulletin Board Up to Date? A Bulletin Board ‘Top 10’

A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool […]