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Policies and Procedures

Accuracy Counts in Drafting Job Descriptions

December 19, 2013
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Job descriptions not only help establish reasonable expectations for what you expect from your employees in a position, but it also helps set a baseline for what you do, or do not, have to reasonably accommodate.
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How the ADA Covers Organ Donors

December 17, 2013
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I’ve written before about the need to put the 'human' back in 'human resources.' This case is a textbook example.
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Infertility is Fertile Ground for Disability Discrimination Claims

December 16, 2013
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With this issue on the EEOC’s enforcement radar, employers that deny time off for fertility treatments may find themselves as the start of the EEOC’s next infertility-related press release.
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A Festivus for the Rest of Us (at Work)

December 12, 2013
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If there is no religion supporting the request, then no law would prohibit you from banning Festivus at your company. Then again, why would you want to in the first place?
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If You’re Taking an Employee’s Deposition, Don’t Charge Them for a Day Off Work

December 10, 2013
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Retaliation is a low standard for employees to meet. Employers must treat it carefully when dealing with an employee who engaged in protected activity.
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When an Extended Leave of Absence is NOT a Reasonable Accommodation

December 5, 2013
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If you are planning on denying an unpaid leave as a reasonable accommodation, understand that these terminations are risky and will draw scrutiny from the EEOC.
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Fifth Circuit Upholds Legality of Class Action Arbitration Waivers

December 4, 2013
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Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.
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Sometimes Employees Get What They Deserve

December 2, 2013
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It’s okay to fire someone, as long as you’re not motivated by an illegal reason. Don’t feel bad for the poor employee who has’t worked out.


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Social Media Background Checks as Discrimination

November 25, 2013
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Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.


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