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Employment Law

Beware liability from ‘equal opportunity harasser’

01/27/2022
Because unlawful harassment must be aimed at a person who belongs to a protected class—based on race or sex, for example—“equal opportunity harassers” may be able to target all kinds of people without creating liability for their employers. But that may be about to change, thanks to a just-filed EEOC lawsuit.

Train bosses to avoid disability bias in hiring

01/27/2022
The EEOC, which enforces many of the nation’s anti-discrimination laws, is aggressively going after employers that put roadblocks in the way of hiring disabled people. Stay ahead of the feds by ensuring hiring managers know how the law protects disabled applicants.

Union membership fell in 2021

01/27/2022
Only 10.3% of American workers belonged to a union in 2021, down from 10.8% in 2020 and matching 2019’s unionization rate. The Bureau of Labor Statistics attributed the 2020 spike to pandemic-related job losses concentrated in nonunion workplaces.

NLRB to review validity of mandatory arbitration clauses

01/25/2022
The National Labor Relations Board has begun exploring whether confidentiality requirements in mandatory arbitration agreements violate Section 8(a)(1) of the National Labor Relations Act.

A comfortable chair vs. a day in court

01/20/2022
Avoiding an ADA suit can be as simple as a new chair.

I-9 document bias: Lessons from the Gap case

01/20/2022
When completing I-9 forms, HR professionals often focus too much on being “form enforcers” without realizing they could face discrimination charges for demanding that new hires produce certain documents.

Beware bias suits when raising starting pay

01/20/2022
In this tight labor market, many employers have decided to raise starting pay in order to attract qualified job candidates. However, that can cause unintended consequences if new hires are paid more than current employees, who could decide to sue for some kind of discrimination.

Respond to unions targeting small workplaces

01/20/2022
Labor unions achieved their greatest success in the 1950s by organizing large blocks of employees, such as everyone working at a steel mill or auto plant. Lately, unions have enjoyed a small but significant renaissance by convincing small groups of employees to join.

Intermittent leave abuse? Demand new cert

01/13/2022
Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

You risk bias lawsuits if you bypass promotion rules

01/12/2022
When considering promoting an employee, carefully track all of the steps in the promotion process, from the initial job announcement to the final decision. Be sure to follow all your promotion procedures. And never let favoritism taint the process. Otherwise, you could be courting a bias lawsuit.