Tag: evidence

harassment

Attention Educators: New Title IX Training Requirements

The U.S. Department of Education recently updated its regulations to Title IX of the Education Amendments Act of 1972 for the first time in many years. The final regulations, which require covered institutions to significantly change the way they respond to sexual harassment and misconduct allegations, were subsequently challenged in court by attorneys general (AGs) […]

assumptions

The Brain Rewards Assumptions

To be a better leader, you need to uncover and challenge hidden assumptions. But identifying them is not easy. That’s because the more you know about your business, industry, function, spouse, family, and friends, the more assumptions you make.

video

Is It Sexual Harassment? Let’s Go to the Video

Evaluating sexual harassment claims almost always requires weighing conflicting evidence and making credibility determinations. In such situations, whoever is evaluating the claim—whether a court or an HR manager—must thoroughly examine all relevant evidence to determine whether the allegedly harassing conduct occurred and whether the conduct constitutes actual harassment because of sex or something else. Those […]

age discrimination

Does ‘Little Old Lady’ Have an Age Discrimination Case?

The 6th Circuit recently focused on comments made by an employee’s former supervisor shortly before her termination, including ageist name-calling and comments about her retirement. The court held she produced sufficient evidence of discrimination to bring her case to trial.

military

Military Service Laws Require More Than Just Granting Time Off Work

A recent decision by the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—highlights that an employer can be sued for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on statements by managerial employees that reflect a bias against taking leave for military service, even though the […]

ADA Prohibits Bias Against Employees Who Are ‘Regarded As’ Disabled

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because of their disabilities. A covered disability is a physical or mental impairment that substantially limits a major life activity. That protection also extends to employees who are simply “regarded as” having a disability.

IT

Protecting Data from Departing Employees (or Why I Love Auditing and Access Restrictions)

Countless formal and informal studies show that most employees retain at least some company data when they leave a job. The reasons vary from the benign (such as when an employee inadvertently keeps a work flash drive) to the more malicious (such as in the case of an employee’s deliberate theft of company trade secrets […]