Practical HR Tips, News & Advice. Updated Daily.
In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. This […]
The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]
Lockheed Martin, the world’s largest military contractor, will have to pay former employee Charles Daniels $2.5 million. The African-American electrician was subjected to a racially hostile work environment at several job sites nationwide. This is the largest amount ever obtained by the Equal Employment Opportunity Commission (EEOC) for a single person in a discrimination case. […]
by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]
(Updated August 2009) by Sarah Fuson With Thanksgiving less than a week away, thoughts turn to turkey and dressing, cranberry sauce, and pumpkin pie. But Thanksgiving represents more than stuffing ourselves silly and watching football all day. The first Thanksgiving was held in 1621 by the Pilgrims, a group of Puritans who fled England because […]
Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]
The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]
Terminations are an inevitable part of employment, but despite their seemingly routine nature, even voluntary terminations can present a host of potential problems for employers. When handled properly, however, they can provide you with a valuable opportunity to gain insight into your organization, correct previously undetected problems, and increase your retention rate. For those reasons, […]
Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]
by Scott Holt and Margaret DiBianca For some employees, the weekend starts early, say Wednesday or Thursday, with shorts, jeans, T-shirts, tank tops, and other very casual attire in the office. Revealing clothes, in turn, disclose body piercings and tattoos — things you may prefer to keep covered up. If your employees are coming to […]