I question whether filing lawsuits without claimants is the best use of the EEOC’s limited resources.Read More
If you are faced with a discrimination case in which the same actor is accused of firing after hiring, you will have a great defense to the claim.Read More
Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.Read More
Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.Read More
If the EEOC has policies that screen-out certain felons, then the EEOC should not publish enforcement guidance that limits this practice, and should not pursue litigation that challenges this practice.
Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.Read More
The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.Read More
The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.Read More
We may have an attrition problem, but I'm not quite sure. Our turnover is between 12 and 15 percent the last three years, but this year is ticking closer to 20 percent. This does not include involuntary terminations due to downsizing/restructuring. We know some turnover is due to market factors, and some due to cultural growing pains (we've doubled in size the last five years). From an analytic view, how could we determine if our turnover might present a future lingering problem?
—Starting to Worry, HR manager, software/services, Minnesota
The employer must have the ability to remote-wipe an employee's BYOD device to remove its data.Read More