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‘Let-it-all-hang-out’ Diversity Training

Most organizations these days believe that "diversity" produces better results. But things get tricky when it comes to diversity training. It’s easy to do significant legal damage, especially with "let-it-all-hang-out" sessions . One of the favorite moves of diversity training facilitators is to ask employees to drop all pretenses, and just go ahead and express […]

Teacher’s Retaliation Claim Advances to Jury Trial

A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]

FMLA Notice Requirements: Employer Provisions

Any program or law designed to help someone is virtually guaranteed to be abused, and the Family and Medical Leave Act (FMLA) is no exception. You’d think the fact that FMLA leave is unpaid would cut down on abuse, but there still are people who will try to play the FMLA system to protect their […]

Employee’s own testimony sinks her case

By Richard L. Rainey We often tell clients that not all lawsuits are filed because an employee has evidence of discrimination or believes she was discriminated against. Rather, sometimes they’re filed because the employee thinks she was treated unfairly. That concept is illustrated in a recent case out of Durham. Background Iretha Lawrence, an African […]

Reviewing Pay Grades for 2013: Ensure Room for Growth

With the new year upon us, now is a good time to sit down and evaluate your pay grades, and pay-for-performance systems. Base pay grades aren’t a “set and forget” kind of thing. Employee salaries are fluid and always evolving. To remain competitive, base pay grades must be reviewed and adjusted periodically to keep track […]

H1N1 Vaccinations: May Not Be Available to Employees Until Spring 2010

H1N1 (“Swine”) flu vaccination trials are underway in the United States, and so far, it appears that there are no major side effects, according to the Centers for Disease Control. That’s the good news. The bad news for employers is that the vaccinations likely won’t be available for distribution to most adults through employee health […]

Hiring Athletes as Employees

Once a colleague told me that he thought hiring former athletes was a risky proposition. His take was that while they were often charismatic, on average they just weren’t as smart as most. I politely reminded him that I considered myself a former athlete (with the emphasis on “former”), to which he had to think […]

EEOC Claims Record Year in 2011

The Equal Employment Opportunity Commission (EEOC) is touting fiscal year 2011 as a record year for obtaining monetary settlements and taking in discrimination charges. Also, the agency said it finished the fiscal year on September 30 with a 10 percent decrease in its pending charge inventory, the first such reduction since 2002. The agency released […]