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Employment Law

Document all requests for disability-related leave

09/24/2018
Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.

Before discharge, audit disciplinary practices to detect possible pattern of discrimination

09/24/2018
If you find an evaluation that’s as negative or worse than that of the employee you are about to terminate, and that person wasn’t fired, ask: Do the two employees belong to different protected classes?

When alleged harasser holds high rank, take extra care to thoroughly investigate

09/24/2018
If a worker comes to HR with a complaint that someone has sent him sexually oriented images, take that report seriously—especially if the alleged sender is a supervisor.

Not all shift change denials are retaliation

09/24/2018
Courts have long held that, after an employee files a discrimination complaint, it may be retaliation to change her shift to punish her. But what if the complaining employee requests a shift change and the employer denies that change?

EEOC: NYC hotel provides poor accommodations

09/24/2018
The EEOC has filed suit against the Grand Hyatt New York, alleging the Manhattan hotel violated the ADA when it discontinued an apparently successful disability accommodation without demonstrating that it constituted an undue burden.

4 questions to ask yourself before you call someone on leave

09/23/2018
The wheels of business stop for no one, and when an employee goes out on leave—FMLA or otherwise—it’s surprising how quickly the inconveniences mount. The urge to pick up the phone or dash off a quick email to ask a simple question just to keep the wheels moving is powerful, but pause for a moment before you do it and ask:

Turning a deaf ear to insults: A $500,000 mistake

09/20/2018
Your managers probably know it’s unlawful to discriminate in hiring and firing based on a person’s age or disability. But they may not realize that same law makes it unlawful to verbally harass workers based on those protected characteristics.

Hotel panic buttons are sign of #MeToo’s clout

09/20/2018
Other than a flurry of anti-harassment training, concrete action to prevent workplace harassment since the #MeToo movement took off has been notably absent—until now.

Yes, emailed arbitration agreement is valid

09/20/2018
These days, an electronic signature on an acknowledgment receipt is as good as a handwritten signature on a piece of paper. That’s true even for actual contracts such as arbitration agreements.

First employee walk-outs related to #MeToo movement

09/20/2018
On Sept. 18, female employees at McDonald’s franchises in nearly a dozen cities staged a one-day walkout to pressure the company to get tough on managers who sexually harass workers in the restaurants.