Practical HR Tips, News & Advice. Updated Daily.
On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]
by Amy M. McLaughlin A recent decision from the Second U.S. Circuit Court of Appeals reiterates an employer’s obligation to ensure that its decisionmakers act without discriminatory or retaliatory animus. The employer in the following case allowed a decisionmaker whom it knew harbored racial animus to fire a black worker for poor performance. That move […]
Here’s a case that will probably make employers feel great about their own compliance efforts. You know who you are: You train your new hires on all company policies, you have sparkling and oft-reviewed nondiscrimination, nonharassment, and nonretaliation policies, you conduct supervisory training early and often, and your folks know how to recognize potentially harassing […]
Yesterday, in Thompson v. North American Stainlessi LP, the U.S. Supreme Court issued an employee-friendly ruling in a third-party (or associational) retaliation case. The Court unanimously held that a man who was fired after his fiancée filed a gender discrimination charge with the Equal Employment Opportunity Commission (EEOC) could sue for retaliation under Title VII […]
Misconduct investigations are never easy for any HR manager. But they’re necessary and no one’s going to escape that duty for long. To make the job a little easier, attorney Jennifer Brown Shaw offers her suggestions for how to brief and question the complaining employee, the accused employee, and witnesses. Shaw is a partner in […]
Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]
by Daniel C. Stockford The long-running saga of sexual harassment in the City of Westbrook Fire Department has come to an end with large settlement payments to two female firefighters. Under the settlement agreement, firefighter Kathy Rogers is set to receive about $480,000, while her colleague, Lisa Theberge, will receive about $370,000. Rogers and Theberge […]
When I first thought about writing a lighthearted piece on Debrahlee Lorenzana, she was still a little-known would-be sexual harassment litigant. A few days have passed, and she is now well on her way to being a worldwide phenomenon. It seems that every time you turn on the TV, there she is, talking about how […]
by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]
by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]