Tag: retaliation

Investigations Are Tricky—These Sample Questions Will Help

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 […]

Must an Employer Grant Permanent Intermittent FMLA Leave?

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 […]

Maine Fire Department Pays $850K to Settle Sexual Harassment Cases

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 […]

A More Serious Take on Debrahlee Lorenzana

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 […]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

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 […]

EEO Training Makes Economic Sense for Employers

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, […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

Male-Male Sexual Harassment Claims on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]