You received a complaint of sexual harassment from a female employee against a male co-worker. So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly…
There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December. Do you like defending retaliation claims? Let’s go back to yesterday’s retaliation post for a sec. What you’ll find is a non-exclusive list of examples of behaviors that could be considered retaliatory.…
Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled. Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a…
Do you require potential hires to pass a drug test as a condition of employment? If so, there are some limits as to what you can do. For example, the Americans with Disabilities Act is the federal law that make it unlawful for employers to discriminate based on a disability. While nothing in the…
This one time, at band camp… Hey, I’ll get to the “13 Unusual Things Job Seekers Have Done To Get Noticed” (thank you for compiling this list, Career Builder), in a sec. But, first, for those of you who missed “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA,” a webinar…
I feel naked. And, I have the vapors. Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching. Evidence is evidence. Someone once described the Seventh Circuit Court of Appeals to me as a maverick court. Like the kinda court that goes to Morton’s The Steakhouse and orders a Grilled Chicken…
As in, guaranteed date with a jury. Oh, you thought I was going to tell you how to avoid a retaliation lawsuit? You’re so cute that way. Last Chance! Register here to join me and Cigna’s Robyn Marino, Esq. for our free webinar: How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA. We kick it…
Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…
I teased it in Friday’s post. Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused…
Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim. (And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and…