Practical HR Tips, News & Advice. Updated Daily.
In 2006, the U.S. Supreme Court issued an opinion expanding the range of employer conduct that employees could use to support a retaliation claim. But as with anything new, questions immediately arose. Is a dirty look now considered retaliatory? An off-putting e-mail? What about a humiliating public censure? This uncertainty left employers understandably concerned. But […]
The U.S. Supreme Court took on five cases this term involving allegations of workplace age bias. Rulings are out on two of the cases. In Sprint/United Management Co. v. Mendelsohn, the Court ruled that an employee suing her employer couldn’t use “me, too” evidence – testimony from employees who had different supervisors. But such evidence […]
Many folks will tell you that the relationship between an employee and his employer is a lot like a marriage or a long-term personal relationship. The breakup of that relationship can be nasty, particularly if it has been a long-term association and one of the parties believes he has been treated unfairly. The situation can […]
by Hillary J. Collyer Whistleblowing has become a hot topic. Just a few years ago, three prominent whistleblowers were named Time magazine’s “person of the year.” Whistleblowing occurs when an employee charges that some wrongdoing or illegal conduct occurred within the company. This article addresses employers’ responsibility to protect whistleblowers from retaliation. No statute spells […]
The more employees travel for business, the more exposure employers have — often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas doesn’t really stay in Vegas — it gets told in court. […]
(Updated October 2008) A federal appeals court affirmed the dismissal of a disability discrimination claim based on perfume sensitivity. It found that the employer reasonably accommodated the employee by taking various measures, including prohibiting perfume in the workplace. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including the Americans with […]
Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]
Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]
by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]
In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]