Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

back injury

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. The court also considered when evidence is sufficient […]

discrimination

‘But No One Got Hurt!’ Is No Defense to Race Discrimination Claims

A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them.  But here we present a unique scenario that […]

Why Should Employers Support Moonlighting?

With the growth of the gig economy, more and more employers find themselves with employees who have another job on the side. This might be a part-time job, or it might be a side gig or “side hustle” as it’s sometimes called. For example, perhaps some of your employees also drive for Uber or Lyft, […]

Sexual Orientation

DOJ Says Title VII Doesn’t Apply to Sexual Orientation Discrimination

The Department of Justice (DOJ) has filed an amicus brief in the case of an employee who claimed his employer violated Title VII of the Civil Rights Act when it discriminated against him on the basis of his sexual orientation.  The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend to […]

DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]

Sexual Harassment

Sexual Harassment: Was Employee Subjected to Unwelcome Workplace Harassment?

A recent case from the Tennessee Court of Appeals acts as a reminder of the importance of implementing and enforcing policies aimed at preventing sexual harassment in the workplace. The outcome of the case also shows that while you may not be able to prevent all inappropriate behavior by your supervisors, how you respond to […]

FMLA

Think You Can’t Terminate an Employee on FMLA Leave? Think Again

One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]

Bass Pro to Pay $10.5M for Discriminatory Hiring Practices and Retaliation

Earlier today, Bass Pro Outdoor World, LLC, agreed to pay $10.5 million to settle a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) that alleged Bass Pro discriminated on the basis of race in its hiring and recruiting practices at its retail stores and then unlawfully retaliated against employees who opposed those practices.

Senate agrees to consider healthcare bill

On July 25, after much back-and-forth in the Senate and the dramatic return of Senator John McCain, who was recently diagnosed with brain cancer, the Senate agreed to open debate on legislation to repeal and replace the Affordable Care Act (ACA). With Republican Senators Susan Collins and Lisa Murkowski joining all Senate Democrats in voting […]