Archive for the ‘Discrimination, Harassment & Retaliation’ Category
CAT’S PAW BURNS EMPLOYERS
A Workplace Lesson on Confirming Grounds for Termination A hospital lab technician and army reservist sued his employer claiming two of his supervisors openly discriminated against him because of his military status and duties. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to treat military veterans fairly, prohibiting terminations and other […]
EMPLOYEE MILITARY LEAVE
Re-Employment and Pay Requirements for Returning Service Members Soldiers returning from active duty to civilian life are protected by a number of federal and state laws. This includes reservists and National Guard members. Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), it is unlawful for an employer to deny initial […]
SAY “ADAAAAHHH” – MORE PEOPLE TO BE PROTECTED UNDER FEDERAL WORKPLACE DISABILITY LAWS
The Equal Employment Opportunity Commission (EEOC) has issued its final rule, effective May 24, 2011, implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The agency’s directive seeks to cement the ADAAA’s expanded scope of workers protected against disability discrimination. The original ADA (1990) defines “disability” as: a) a physical or mental impairment […]
THE PERILS OF HIRING SUMMER INTERNS
No Free Ride for Employers Who Ignore the Rules With an economy continuing to sputter, a company may be more keen to take on unpaid summer interns to share the workload. Yet, if a business fails to fulfill detailed laws and regulations for such training programs, this supposed “cost-cutting” measure could become an expensive litigation […]
NATIONAL ORIGIN DISCRIMINATION
Best Practices for Fair and Equal Employment In our richly diverse society, it is perhaps no surprise that national origin workplace discrimination claims have been increasing steadily across the country since 2001. It is unlawful for business to make a significant employment decision – e.g. hiring, advancing, demoting, or firing – based on a worker’s […]
FAIR AND BALANCE – HARASSMENT AND DISCRIMINATION WORKPLACE INVESTIGATIONS
A strong policy prohibiting harassment and discrimination is worth little if an investigation over a complaint is badly handled. Among the important rules: Don’t Delay – Failing to start or complete an investigation promptly creates a potential claim that the company condoned the alleged misconduct, thus increasing the risk of a legal claim; Ensure no […]
NEW COSTUMES LEAD TO FIRING OF NJ CASINO SERVERS
When Katharyn Felicia was told that she and other cocktail waitresses at Resorts Casino Hotel were to pose for photos in skimpy new flapper costumes, she thought it was to evaluate the sexy black outfits to make sure they fit and looked right. What the women didn’t know, she said, was that the photo shoot […]
JOB DISCRIMINATION AGAINST THE UNEMPLOYED
EEOC’s Recent Hearing on Out-of-Work Job Applicants In Being Unemployed Just Got Harder (February 16, 2011), we reported the U.S. Equal Employment Opportunity Commission’s (EEOC) impending hearing on a possible national trend of hiring only those currently employed — a choice certainly not likely to help the country’s unemployment challenges. In a post-hearing statement, EEOC […]
PRAYER MEETINGS IN THE WORKPLACE
More on Accommodating Employees’ Religious Beliefs As our planet’s civilizations and cultures continue to combine and intertwine, the importance of workplace respect for diverse religious backgrounds also grows. For the increasing number of business owners and managers that seek to include or permit religious prayer sessions or other observances on the work premises, an understanding […]
WORKERS FREELY COMPETING WITH FORMER EMPLOYER
California Protections Found in Non-Disclosure Agreements (NDAs) Many states recognize a business’s ability to negotiate and enter contracts restricting a departing employee from taking a job with a competitor – or opening a competing business – within reasonable geographic limits and for a limited, reasonable time following the termination date. However, with very limited exceptions, […]