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Sexual Harassment: Supervisor Fired For Crude Remark Wins $1.2 Million; When Can You Fire A Harasser?

Frank Lemon, the service manager for Fresno-based heavy equipment distributor J.M. Equipment Co., was fired without warning for making a sexually explicit remark to a female employee. Lemon sued, arguing that the company had until then tolerated a pervasive atmosphere of vulgar language and sexually charged conduct and that he was really terminated because J.M. […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

More employee benefits on the horizon for Canadians

The year 2017 may be remembered for its significant changes in matters of labor and employment across Canada. Several jurisdictions are amending their labor and employment regimes, including the federal government. With the introduction of Bill C-44, the federal government has adopted significant reforms to the Employment Insurance Act and the Canada Labour Code. While federally […]

Survey Says: Make Leadership Development a Training Priority

“The Rising Risk of a Double-Dip Leadership Crisis: A Pulse Survey on Exploring the Increased Focus on Leadership Development” found that Fortune 1000 companies do not have enough leaders coming up through their ranks to fill existing and future leadership roles—partly due to recessionary cuts made to leadership programs. In fact, 62% of respondents surveyed […]

A Peek into Enemy Camp—Plaintiff’s Lawyer Spills Secrets

“When a case begins,” says plaintiff’s lawyer Whitney Warner, “I wonder if the employer will do something dumb and fall into my hands. And they usually do make my day.” Warner is a partner with Moody & Warner, P.C., in Albuquerque, New Mexico. Her tips for fending off lawsuits came at the recent Society for […]

Translating Hiring Criteria into a Postable Paragraph

Yesterday’s Advisor showed how to clarify what you are looking for in a candidate; today, how to translate that into candidate terms, plus an introduction to BLR’s handy HR audit guide. Translating into Candidate Terms Now you have to translate your desires into concrete terms that you can use in a posting, an ad, or […]

NLRA covers nonunion employers, too

by Gary S. Fealk The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.  Know what’s covered Protected activity in general. Any group of nonunion employees may engage in activity protected by the NLRA. Whenever employees engage […]

The long arm of the EEOC: Agency’s subpoena power is a force to be reckoned with

by Burton J. Fishman In 2007, the Equal Employment Opportunity Commission (EEOC) filed suit against Kroger, the grocery chain, because it rejected an applicant for a “cashier, bagger, stocker” position in part because of a poor score on an orally administered “personality trait” test prepared by Kronos, Inc. The applicant had speech and hearing difficulties […]