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

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 ADA and, therefore, engage in an interactive process to find a work accommodation.

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

About a dozen states have laws that allow employees to take job-protected leave 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.

Does your organization recruit via “word of mouth?” While companies may be spending less on recruitment efforts during these difficult economic times, be careful. A new court ruling says that relying too heavily on this hiring tactic could, in fact, trigger a discrimination lawsuit …

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.” Maybe the work was too heavy, muddy or risky? But welcome to 2009, where jobs are no longer classified by gender. Better check to make sure your hiring managers understand that, too!

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination …
Employees request time off for doctors' appointments all the time. But, do you have to grant them? Could the request trigger FMLA rights, even if the employee was not previously incapacitated or ill for three or more calendar days? A new court ruling says that if an employee simply thinks she has a serious condition, she may be able to take FMLA leave to have it checked out ...

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, 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 lawsuit ...

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 ...

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 …
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 …
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 …
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 ...
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? ...
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 …
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 …
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 …
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 …
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 …
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 ...
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 …
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 …
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 …
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? …
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 …