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The Employer Handbook BlogFiring fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading
How to investigate claims of harassment — when the accused is part of HR
Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints.
50,000 reasons to reconsider scolding an HR Manager for investigating sexual harassment claims (i.e., doing their job).
Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit.
Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.
Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading
How to address employees that refuse unconscious bias training
A company fired an employee who objected to completing mandatory unconscious bias training. He claimed retaliation, but an appellate court disagreed and dismissed his lawsuit.
I’ll explain why.
Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.
Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.
A good-faith belief that an employee violated work rules may not be enough to defeat a discrimination claim
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Continue reading
“Chevron” for non-lawyers
On Friday, the U.S. Supreme Court overruled its 40-year-old decision in Chevron v. Natural Resources Defense Council, which had lawyers buzzing and many others wondering what the big deal with Chevron is anyway.
I’ll explain. Continue reading