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Discrimination / Harassment

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

No requirement to break up love triangles–but be prepared for workplace violence

01/18/2012

When romance blooms at work, trouble may lurk not far behind. That’s especially true when co-workers fight over the same love interest. A spurned employee may be out to get her rival, leading to all sorts of conflict. Fortunately, this isn’t the sort of thing that employers have to intervene in—as long as there’s no workplace violence.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.

Following EEOC victory, carefully consider conditions you include in last-chance agreements

01/18/2012

In a significant legal victory, the EEOC has persuaded a federal court to limit what employers can in­­clude in so-called last-chance agreements. The court concluded that the EEOC was right when it argued that agreements threatening retaliation are illegal …

Aggressively stamp out workplace bawdiness

01/18/2012

Employers that don’t have a squeaky-clean, sex- and innuendo-free workplace may end up spending big bucks defending against sexual harassment charges. That means you need an aggressive program that bans all forms of sexual behavior and banter at work.

Hired him? You should be the one to fire him

01/18/2012

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

Be prepared to answer the question: Are you biased, or is employee overly sensitive?

01/16/2012
Every once in a while, you’ll run across an employee who is hyper­­sensitive to any criticism. She may even attribute it to bias against a protected status, and may file an EEOC complaint. Rest assured that if you investigated and took her complaint seriously, the EEOC complaint will likely be dismissed.

OFCCP rocks Lund’s boat, charges gender discrimination

01/12/2012
The federal Office of Federal Con­­tract Compliance Programs is suing New York Mills-based Lund Boat Co. and parent company Bruns­­wick Corp., alleging discrimination against women in its hiring practices.

Paying women less, hoping for the best is recipe for Equal Pay Act disaster

01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.