Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
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
When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.Read More
What’s the best defense to a discrimination claim? Hire others in the same protected group.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
Jon Hyman offers four talent management tips after watching his 8-year-old daughter's rock band Cutetallica perform last weekend. Read More
The employer must have the ability to remote-wipe an employee's BYOD device to remove its data.Read More
It is a brave new world of workplace investigations. He-said/she-said has been replaced by “let’s go to the tape.”Read More