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Mindy Chapman, Esq., Mindy Chapman & Associates

Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law monthly newsletter. She is highly regarded for her workplace compliance training that “clicks and sticks,” because it is practical and memorable. She is also the coauthor of the American Bar Association’s bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."

The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the workforce—from boardroom executives to managers and supervisors and to hourly employees in union and non-union environments.
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 Articles by this Author

Nix the nicknames or 'Grandma' will get even

Every workplace has managers who love to hand out nicknames to employees and co-workers. It’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense ...

Never assume that employees won't return from FMLA leave

Sometimes, when an employee departs for FMLA leave, you’re almost positive that he or she is incapable of returning to work before the allotted 12 weeks expire. You might as well start processing her termination papers a few days early, right? Not so fast, one court says. If you jump the gun and pre-process the termination—even one day before the FMLA leave ends—you may be triggering liability …

Accommodating Disabled Workers: 'Tis the Season to Get Engaged

Your organization must make “reasonable" efforts to accommodate an employee’s qualifying disability. But, as a new case shows, don’t be so quick to simply transfer that employee to another position. The ADA and many state laws require you to first try to accommodate disabled workers in their current jobs …

When does 'I quit' mean 'Help, I’m disabled'?

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as disabled under the Americans with Disabilities Act (ADA) and, therefore, engage in an “interactive process” to find a work accommodation …

What’s your duty to accommodate domestic violence victims?

Employees' family issues sometimes flare up into domestic violence. About a dozen states have laws that allow employees to take job-protected leave from work to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks ...

Stubble trouble: Can you fire unshaven employees?

Do any of your employees look like they’ve just crawled out of a suitcase? A court recently addressed this question: If an employee is fired for ignoring his boss’s demands to get a shave, does that count as “misconduct” that disqualifies him from unemployment benefits? ...

What else does the pink bow stand for? Breast cancer discrimination

October is breast cancer awareness month. And he statistical chances of having female employees with breast cancer (or who are survivors of breast cancer) are high. One court says you’d better not discriminate against women with breast cancer or get ready to write a check with a pink pen …

Ready to fire? Don’t let employee play the FMLA trump card

Say you’re just about to terminate an employee but he throws down an EEO trump card, like a request for FMLA leave. Ugg!  If only you could have beat him by a few seconds. Then the firing wouldn’t look like retaliation for his FMLA leave. But a new court ruling says not to worry. If you have a very legitimate reason for firing an employee, even after he requests FMLA leave, you can safely crumble up his trump card and toss it in the shredder …

E-Mail to HR: How Should We Fire the Old Bat?!

I thought we’d all learned our lessons from misguided politicians and CEOs to quit exchanging e-mails that are loaded with evidence of discrimination. Apparently for some, the lesson isn’t over until it’s learned the hard way …

Pull up a chair ... or a lawsuit

Do some of your employees have medical conditions that require them to sit while others have to stand? Co-workers may gripe about unfair treatment if you provide a stool or chair for that worker. But a new court ruling shows why “unfair” actions are better than illegal ones …

Hey, Lady! That's a Man's Job!

Maybe a long, long time ago, in a far, far away place, folks used to tell women, “Oh, you can’t do that … it’s a man’s job.” And for whatever reason, it was acceptable. Maybe the work was too heavy, muddy or risky? But welcome to 2008, where jobs are no longer classified by gender. Better check to make sure your hiring managers understand that, too …

Harassment Complainers: Are They ‘The Untouchables’?

Doesn’t it seem like once an employee complains about harassment or discrimination they enter some kind of “employee protection program,” much like the witness protection program? They become practically untouchable because employers are so afraid of being hit with retaliation lawsuits. You may have legitimate business reasons—such a restructuring—to eliminate a complainer’s job, just first sit back and think how it will look to a jury ...

The FMLA Calendar: Checkout Miss March!

Your FMLA policy tells employees they can take up to 12 weeks of unpaid FMLA leave each year. But does your policy define “year”? If not, a court may do it for you—in the employee’s favor, of course …

Nix the Nicknames: 'Grandma' Will Get Even

Every workplace has managers who love to hand out nicknames to employees and co-workers. That’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense to his or her special nickname. As this new court ruling shows, nicknames are dangerous and can be used as part of a “mosaic” to prove discrimination …

Screen-Saver Discrimination: HR’s Smart Investigation Erases Liability From Manager’s Dumb Move

There’s nothing like a thorough, prompt and impartial investigation to save a company in court. So it’s time to think: Are you (and your HR staff) prepared and trained to handle investigations the correct way? As this new ruling shows, good investigations and an independent review of those investigations can be a true “get out of court free” card …

Honesty is the only policy when it comes to perfomance reviews

Question: Employers often feel cornered when poor-performing employees take job-protected FMLA leave. Can you terminate such employees while they’re out on leave? It often comes down to one question: How well have you documented the poor performance? …

‘That Head Scarf Thing’: Perceptions—not Intentions—Count Most When it Comes to Insensitive Religious Comments

You’re a tolerant, open-minded person. You’ve hired people of all races and religions, including a woman who wears a head scarf (hijab) in accordance with her religion. But what do say when that woman seeks a promotion to a more visible position? A few unwise words coupled with foot-dragging on the promotion and you’ll be wrapping your head around a religious discrimination lawsuit …

Give Your Managers a 4-Sentence Script for Responding to Complaints

When one of your employees confides in her manager that she’s being harassed by a co-worker, what will that manager say? Hopefully, it’ll be something more constructive than “Go along with it,”...

A Hairy Situation: Can You Fire Employees for Their Unkempt Facial Hair?

Do you have employees who look like they just crawled out of a suitcase? Maybe they need a closer shave or to run an iron on their clothes. One court recently addressed this question: If an employee is fired for ignoring his boss’ demands to get a shave, does that count as “misconduct” that disqualifies him from unemployment benefits? …

Headaches Cause FMLA for Indiana Employee—and Visa Versa for the Employer

Migraine headaches can be serious business—sometimes requiring FMLA leave. But what if you discover that your migraine-suffering employee used her FMLA time to cut lawns at her side job? An Indiana employer facing that situation recently handled that situation aggressively—and legally …

Read Your FMLA Policy Again: Does it Grant More Rights Than You Intend?

When was the last time you read your organization’s Family and Medical Leave (FMLA) policy? As a new case shows, it could be creating a contract for employees to gain FMLA-like protection even if they normally wouldn’t be eligible for FMLA under the law. If it does, get ready to stand by your promise …

FMLA and the Sandwich Generation: Do You Get Proof of Elderly Parents’ Conditions, too?

When the Society for Human Resource Management (SHRM) surveyed employers about their biggest FMLA administrative challenges, dealing with leave for employees’ own chronic conditions ranked number one. But, surprisingly, not far behind was FMLA leave taken for “caring for a sick parent." With more “sandwich generation” employees taking care of children and parents at the same time, it’s wise to be consistent about requesting certification for all types of FMLA leave, including care for elderly parents.

Asking Worker to Serve Coffee: Harassment or Hospitality?

Asking your administrative assistant to fetch you coffee may be old-school, but is it sex discrimination? In a recent case, a female employee got in such a froth about her bosses’ demands for coffee that she said, “Get your own coffee and see you in court!” ...

Is air conditioning a required ADA accommodation?

Do some of your employees work in hot conditions? If those workers have heart conditions, they may be entitled to air conditioning as a “reasonable accommodation” under the Americans with Disabilities Act (ADA) …

Using FMLA leave to build a porch: Can that be legal?

Have you ever approved FMLA leave for an employee but had a sneaking suspicion that the time off would be used for much more than bed rest? In this new ruling, the company actually videotaped a supposedly injured FMLA-leave taker building a porch on his house. But be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation suit....

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