Tag: retaliation

Anatomy of an employment lawsuit: best HR practices to help you win

by Michael J. Modl Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank […]

Silicon Valley sex discrimination case shows the real win is not getting sued

by Mark I. Schickman For the past month, the most interesting show in San Francisco has been the trial of Ellen Pao’s sexual harassment and sex discrimination case against investment firm Kleiner Perkins. Pao, who engaged in a sexual relationship with a Kleiner Perkins partner early in her career, claims that the firm is a […]

Legal issues associated with dating in the workplace

by Kylie Crawford TenBrook According to a 2012 Stanford University sociology study, 10 percent of people meet their spouses at work. Coworker dating is common. Unfortunately, not all relationships end well, and when they don’t, employers can face harassment and retaliation claims. Although most businesses have no rules about office relationships, now may be the […]

OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

The Trouble with ‘Twibel’: A New Social Media Headache for Employers

You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media strategy, says Porter Wright employment law attorney Sara Jodka. Libel occurs when someone prints a false and malicious statement […]

Reform Agencies Clarify Cost Sharing and Essential Services

A series of agency Q&As resolves a few questions relating to complying with federal health care reform, such as correctly counting participants’ out-of-pocket expenditures; wellness program reward administration; and the status of “carved-out” benefits. In latest set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services and the Treasury provide some […]

S.F. Ordinance Would Expand Flex Time Rights for Childcare

A new city ordinance would require employers doing business in San Francisco to consider flexible scheduling for workers with caregiving responsibilities. The city’s Board of Supervisors passed the Family Friendly Workplace Ordinance Oct. 1, and remains to be signed by the city’s mayor. It would amend the city’s administrative code to allow employees in San Francisco to […]

Top 10 Do’s and Don’t’s from FMLA and ADA Court Rulings

Leave policy administration under the FMLA and the ADA presents numerous challenges to employers. Following is a “Do” and “Do Not” list based on the outcomes of 10 interference and retaliation claims by aggrieved employees that the courts have heard in the last five months. Do see if short-term disability benefits are granted or denied to […]

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Sex, religion, and retaliation

by Mark I. Schickman I keep waiting for the day that employment discrimination claims disappear. We spend a ton of time training employees to prevent and avoid discriminatory conduct, and the proper behavior is pretty intuitive. So, logically, employment discrimination should have been eradicated, like polio and smallpox. It would be terrible for my business […]