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When a court evaluates whether an employer has retaliated against an employee for taking medical leave, it often considers “temporal proximity”—that is, how soon an adverse action followed leave or a leave request.
The U.S. Equal Employment Opportunity Commission (EEOC) has again said that asking workers to waive their right to pursue discrimination charges with the commission is retaliation, albeit in an anticipatory form.
Yesterday’s Leadership Daily Advisor examined how the C-suite sets the tone for an effective, ironclad ethics rulebook. Today we offer three more themes to give your ethics strategy a checkup.
by Eric J. Conn The Occupational Safety and Health Administration’s (OSHA) new e-record-keeping rule, formally titled “Improve Tracking of Workplace Injuries and Illnesses,” has created quite a stir for employers. The rule requires employers to electronically submit their injury and illness data, which the agency will then publish online for all the world to dissect. […]
By Kate McGovern Tornone, Editor While courts have held that various employer actions may constitute retaliation under federal employment laws, coworker “discourtesies” do not rise to that level under the Family and Medical Leave Act (FMLA), a federal judge ruled recently.
No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]
We have a team member who is currently on an intermittent leave certified at up to 12 days per month. Her scheduled hours are Monday through Friday, 8 hours per day. She misses her maximum amount of days every month. Is there some sort of threshold that we can refer to when it comes to […]
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]
by Bart N. Sisk The Occupational Safety and Health Administration (OSHA) has issued new rules revising its requirements for recording and submitting records of workplace injuries and illnesses. The revised rules require employers in certain industries to submit injury and illness data electronically. The frequency and content of the reports depend on the size and […]
Special from SHRM Annual Conference & Exposition Mr. Please Sue Me, aka Hunter Lott, one of the Society for Human Resource Management’s (SHRM) top-rated speakers, entertained the large audience in his inimitable style, while providing many practical tips and suggestions for avoiding lawsuits.