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Employee Free Speech: Court Rules Employee Can’t Be Fired For Outburst About Affirmative Action; What Are Your Rights?

A white male employee has a confrontation with a Hispanic female co-worker in a deserted corridor. He grabs her by the lapel, shakes her, and tells her he is ‘tired of this Hispanic s—: us white guys are tired of being looked over.’ Clear grounds for termination? His employer thought so. But in a surprising […]

Disabled Employees: Seniority Policy Must Give Way To Accommodations; What To Do Now

Most employers know they must explore the possibility of making a reasonable accommodation requested by a disabled worker. But what if an employee wants an accommodation that conflicts with your seniority system? And how far do you have to go in working with the employee to accommodate their request? In a surprising reversal of its […]

Blunting the Two-Edged Sword of Self-Audits

Yesterday’s Advisor revealed the dangers of self-incrimination during self-audits; today, we discuss what to do about it, and we introduce you to a unique self-audit system. There are steps you can take to protect the self-critical analysis and attorney-client privileges discussed in yesterday’s Advisor. Here’s what we recommend: Use outside counsel, if at all possible, […]

From the CEA Mailbag: Are Paid Birthdays Off the Same as Vacation?

A California Employer Advisor reader asks: Our company policy gives employees their actual birthday off with pay. A birthday that falls on a Saturday, Sunday, or holiday will be taken on the preceding or following workday. Subject to a supervisor’s approval, employees may take another day off, but it must be within one week of […]

Americans with Disabilities Act: Statistics from the U.S. Census Bureau

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA), guaranteeing equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local government services, and telecommunications. Here are some statistics about America’s disabled population from the U.S. Census Bureau: There are 41.3 million […]

Don’t matter if you’re black or white

Somewhere between outrage, bewilderment, and comedy falls the news that a U.K. production company has cast very very very white actor Joseph Fiennes as Michael Jackson in Elizabeth, Michael and Marlon, a short film about a rumored post-9/11 road trip involving Liz Taylor, Michael Jackson, and Marlon Brando.  There has been much criticism of this particular casting decision, […]

‘Fire the Slugs’—That’s Good Turnover

“Fire the slugs,” says management expert Jeff Cortes. That’s good turnover and also it’s good for retention—all of your other employees have been wondering when you would act. “There’s good and bad turnover,” says Cortes, author of the book, No Nonsense Retention, which he characterizes as a collection of no-nonsense ways to retain your best […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]