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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.
Articles by this Author
Give Your Managers a 4-Sentence Script for Responding to Complaints
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 8/14/2008 - 8:30am
- Discrimination & Harassment
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 8/8/2008 - 3:00pm
- Discrimination & Harassment
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
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 7/31/2008 - 3:30pm
- FMLA
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 7/25/2008 - 3:30pm
- FMLA
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 7/17/2008 - 3:30pm
- FMLA
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 7/3/2008 - 3:30pm
- Discrimination & Harassment
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 6/26/2008 - 3:30pm
- ADA
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?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 6/19/2008 - 3:30pm
- Case In Point , FMLA
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....
Beware the legal risk of playing doctor with employees' ailments
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 6/12/2008 - 3:30pm
- ADA
Do you ever fear that employees’ physical problems could create a
danger to themselves or others around them? Think it would be best to
change their duties to keep everyone safe? A new court ruling shows why
such a well-intentioned deed could backfire into a “regarded as
disabled” lawsuit under the Americans with Disabilities Act...
In the discrimination game, timing is everything
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 6/6/2008 - 3:30pm
- Discrimination & Harassment
Judges and juries bring a mental stopwatch to every discrimination
and retaliation case. They use it to compare the time between when
employees exercise their legal rights (using FMLA, voice harassment
complaint, etc.) and when you took action against them. Tick, tick,
tick … if you can hear it, don’t do it!
Making waves: Can an employee's radio create harassment?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 5/29/2008 - 3:30pm
- Discrimination & Harassment
You may trust your employees to not harass female colleagues. But do
you trust Howard Stern? The growth of XM and Sirius radios have brought
uncensored programming into cubicles, warehouses and breakrooms. And as
a new court ruling proves, employees who overhear such sexual
banter—even if it’s not directed at them—can sue for harassment…
No-dating policies: How far should yours go?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 5/22/2008 - 4:00pm
- Discrimination & Harassment
It’s nearly futile to try to deflect Cupid’s arrows. Still, many
organizations do set policies to minimize the potential legal fallout
from co-workers’ romantic relationships. UPS recently got sued over its
policy that bans supervisors from dating ANY hourly employee—regardless
whether the employee is a direct report. So, do love relationships
trump house rules? In this case, the court sighed, “Love and marriage
are the losers; something doesn’t seem quite right about that.”
Can you hold employees on FMLA intermittent leave to the same work standards as others?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 5/15/2008 - 4:00pm
- FMLA
What should employers do if an employee’s work performance suffers
while he or she is taking FMLA intermittent leave? Can you terminate
employees when their work falters because of those absences? One court
last month sent a clear message: “Don’t go there!”...
Which industries are exempt from anti-discrimination laws?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 5/8/2008 - 4:00pm
- Discrimination & Harassment
That’s a trick question. The answer is none. Still, courts hear it
all the time. “We’re an exception to harassment/discrimination laws
because … We’re in a gritty industry …We’re doctors …. We have an
extra-friendly workplace.” Whatever. One company just wrote a $1.5
million check trying that defense. It doesn’t work in 2008...
Must you give Sunday off for "Church TV" reasons?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 5/1/2008 - 4:00pm
- Discrimination & Harassment
If employees ask for Sunday off work for religious reasons, must
they attend services on that day? A new court ruling clarifies that the
answer is no. And you could face a religious discrimination lawsuit
even if you try to accommodate employees by allowing them to find their
own replacement for Sunday shifts ...
How do you interview transgender job applicants?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 4/24/2008 - 2:00pm
- Discrimination & Harassment
Do you have to treat transgendered job applicants differently? Which box, if any, do you check on the application—male or female? And what special laws must you know about?
Diabetic employees: must you grant them extra breaks as a disability accommodation?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 4/17/2008 - 7:30am
- ADA
Chances are, you’ve got at least one diabetic employee in your workplace. What would you say if that person asked for an altered work schedule so she could eat regular meals, check her blood or exercise? Are you required by law to grant such requests?...
"Pressing" questions: Are your FMLA inquiries violating the ADA?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 4/10/2008 - 12:30pm
- ADA
“So exactly why do you need those four days of leave?” Your
supervisors may ask such questions, perhaps out of curiosity or because
they’re the ones who must approve FMLA requests. But as this ruling
shows, asking the wrong questions—and then divulging that confidential
medical info—can quickly turn into a violation of the Americans with
Disabilities Act (ADA) ...
It's not what you know, but who you know: Beware using medical costs as an employment factor
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 4/3/2008 - 11:30am
- ADA
Do some of your employees’ spouses or children have serious (and
expensive) health troubles? It may be tempting to offer suggestions
about less-costly treatments—or even to send that employee packing. But
don’t do it. As this new ruling shows, it’s illegal to discriminate
against employees based on their relationship with a disabled person …
Harassment's tipping point: Is the magic number 'more than once'?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 3/27/2008 - 1:00pm
- Discrimination & Harassment
When does insensitive teasing turn into an illegal
hostile work environment that violates Title VII of the federal Civil
Rights Act? One court said that while individual incidents may be
viewed as singular events, courts will view all incidents “as a whole”
when deciding if they add up to unlawful harassment ...
Your pick: A $20 chair or an ADA lawsuit?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 3/19/2008 - 2:00pm
- ADA
Sometimes, the simplest mistakes are the most expensive. When faced
with the decision of firing an assembly-line worker or giving her a
chair to ease her arthritis, this company took the litigious route—and
paid the price …
Can temporary employees temporarily use your harassment reporting procedure?
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 3/12/2008 - 2:00pm
- Discrimination & Harassment
If your organization leases
temporary employees from an agency, what should you do if one of them
complains she’s being harassed? Who should do the investigation—your
organization or the temp agency? A new ruling says that even though
temps aren’t your employees, you’d better take quick action to
investigate the situation and stop the conduct—and the agency should do
the same.
Enjoy the ride! Sexual innuendos aren’t double funny
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 3/6/2008 - 9:00am
- Discrimination & Harassment
Every school has a class clown. So, it seems, does every workplace.
Sometimes, those jokesters cleverly craft their double entendres so
they can be taken either way … sexual or not sexual. But a new court
ruling says enough of those coy games ...
Can you hear me now?! Cell-phone employees sue over uneven discipline policy
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 2/28/2008 - 11:00am
- Discrimination & Harassment
Does your company have a written progressive disciplinary policy? Do
you and your supervisors follow it step by step--like a recipe? A new
court ruling says that if you don’t, you could whipping up a recipe for
disaster and liability under the Age Discrimination in Employment Act
(ADEA) ...
Your old org charts can help you prevent new lawsuits
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 2/21/2008 - 9:00am
- Discrimination & Harassment
Memories fade and employees come and go. That’s why it’s
crucial to retain certain records for future reference. Among the
records you should keep forever are past organizational charts that
show who had supervisory authority over other employees ...
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