Just because an employee posed nude for money in his 20s does not mean that he is comfortable with it becoming a workplace joke in his 40s. If an employee complains, the company has an obligation to investigate and take reasonable measure to stop the harassing behavior from continuing.
Articles by Jon Hyman
Seventy percent of employees who use personal devices at work are using a smartphone, and of those employees, more than one-third bring them to work either without the knowledge of their IT department, or in spite of an outright corporate ban on personal devices in the workplace. These numbers mean that a bring-your-own-device program is no longer an option, but should be required.
Because men cannot lactate, it is discriminatory to deny an employee’s lactation request, because such a denial would necessarily treat women (or, more specifically, child-bearing women) differently than men.
The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.
Yesterday’s tragedy in Boston has left me speechless. Boston seems to have been prepared, and at least by early accounts, the city’s early responders helped save many from suffering a worse fate. Employers can learn an important lesson from these ashes and tears—the importance of being prepared.
According to the court, the employee handbook clearly stated that accrued vacation is forfeited to an employee upon termination. To me, however, such as policy is draconian and overbearing. Instead, consider limiting vacation and other paid time off forfeitures to “for cause” terminations.
Before denying light duty to an employee returning from FMLA leave, you must consider whether the ADA requires the light duty as a reasonable accommodation. If you have light duty available, and do not have to create a light duty position to accommodate the employee, the ADA will likely require the consideration of temporary light duty as a reasonable accommodation.
If you provide them mobile devices, or let employees BYOD and connect them to your network, have a written policy that tells them they are not required to read or reply to emails after hours. Create a culture that lets your employees escape from work while not at work.
This case, however, holds a deeper lesson about corporate culture and your workplace. If your company has a culture of condoning sexual harassment, no policy, and no amount of training, will render your holiday parties (or any workday, for that matter) safe.
The reality is that if your company does not take this issue seriously, state legislators will and you won’t like the results.