Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR departments to have systems in place to assist with prelitigation and discovery needs. The litigation process can be separated into four […]
Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work environment,” “disparate treatment,” or the “disparate impact” of a particular employment practice. Disparate treatment cases involve claims in which an employee alleges […]
A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Oklahoma employers). The appeals court affirmed the trial court’s grant of summary judgment (dismissal without a trial) in […]
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 […]
Despite best intentions and nondiscriminatory business motivations, some groups of employees may reap more of the benefits of flexible work arrangements than others simply because their circumstances make such options more attractive to them. Accordingly, you should take steps to ensure flexible work arrangements are offered and implemented without discrimination on any prohibited basis. In […]
Last fall, the Office of Federal Contract Compliance Programs (OFCCP) received approval from the Office of Management and Budget (OMB) to implement a new online platform—the Affirmative Action Program Verification Interface (AAP-VI)—to collect information from covered federal contractors (including covered subcontractors) about their AAPs. Read on to learn when the portal will go live, although […]
In light of many state regulations requiring face masks in most indoor work settings, many employers are wondering how to deal with employees who say they cannot wear a mask because of a medical condition or religious belief. Before responding, you should understand your responsibilities under the various discrimination and employee leave laws.
Companies spend a lot of money and time on employee training, often with very mixed results.
by Jennifer Suich Frank and Samuel D. Kerr Q One of our employees went to a holistic healer who isn’t a certified healthcare practitioner, and he advised her that she needs a week off work. He won’t write her a doctor’s excuse and will only speak to someone via telephone. Our attendance policy states that missing […]
Here’s typical documentation, says attorney Allison West: “I talked to Steve about what you wanted me to, and it went well.” This fails in so many ways, says West (No date, no issue, which Steve, no result, and so on.) Today we’ll hear more from West on documentation.