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

Sometimes employees get frustrated. Sometimes they even act rudely. But a new ruling highlights a legal risk you may not have thought about: Employee’s rude treatment can quickly turn into an ADA lawsuit if the customer is disabled. A New York court last week called the problem a “failure to train” case ...
Have you ever flat-out fired an employee for poor performance without any warning? If employees are “at-will,” you can fire them for any reason or no reason at all, as long as it’s not for a discriminatory or illegal reason. Does that allow you to drop the guillotine without guilt? As a new court ruling shows, supervisors should resist that urge (and give the person a chance to shape up) if that employee recently voiced a complaint about discrimination...

You’ve probably got an ADA policy that extends reasonable accommodations to any disabled workers. That’s good. But are your managers following through? If your paper policy is the only thing granting accommodations, a court could make you pay the price … big time. As in punitive damages...

Basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Hiring managers can’t try to push off their bias onto a third party using excuses like “Our customers feel more comfortable dealing with [male or younger or white] employees.” That just won’t fly in court...

Employees with “serious health conditions” can take FMLA leave. But when does that serious condition take effect for employees who need alcohol treatment? Is it when the employee first contacts a doctor to get a referral for in-patient treatment … or is it at the time of check-in? Can you fire an employee for absenteeism prior to going in to rehab? One court ruling last week says you can ...

Are your managers giving you only half the story when recommending a termination? Watch out! As a new court ruling says, this kind of “willful ignorance” on your part is no defense to discriminatory conduct ...

Can a boss hire or promote people simply because he has a religious obligation to “help his own?” Can managers incorporate their religious beliefs when making employment decisions?
Does your company have a written progressive disciplinary process? If so, do your managers and supervisors always follow it fairly and consistently? One slip-up, as a new case shows, can smash your company in court ...
Employees don’t have to say the magic words, “I am requesting FMLA leave” to earn protection under the FMLA. It’s up to employers to recognize qualifying leave, based on the information provided by employees. But when employees are out for workers’ compensation injuries, must you interpret that as automatic notice that they’re suffering a “serious health condition” that qualifies them for FMLA leave? This new ruling shows how workers’ comp leave can quickly morph into FMLA notice ...
When was the last time you read your company’s reporting procedures? And where did you get it in the first place? Please don’t tell me you copied it from your previous employer’s handbook or, worse yet, pulled a “one-size-fits-all” policy off the Internet without customizing it. A new court ruling shows why you should take it out, dust it off and look it over closely...

If you thought only employees could put you on legal notice that harassment is occurring in your workplace, maybe it’s time you looked up … into the sky. A new court ruling says that “helicopter parents”—super-involved moms and dads who hover over their kids’ lives—can officially flip your notice switch, requiring you to take prompt effective action to stop the harassing conduct. If not, you’ll see them both in court ...

Typically, employees must notify you if they have an FMLA-qualifying “serious” physical or mental condition. But what if the employee, herself, isn’t aware of this need? Is it up to you and your supervisors to recognize any behavior changes that may indicate the presence of a serious FMLA-qualifying condition? In cases of psychiatric problems it likely does, as the following case shows...

“Do that one more time and you’re through!” Have supervisors in your organization (or even you) uttered this phrase before? A new court ruling shows that if your firing threats are simply empty promises, be prepared to pay up in court ... even if you responded promptly and lawfully to the initial complaint.

Many companies have horribly confusing organizational charts—or no org charts at all. A new court ruling issues a stern warning to employers: If you want to avoid harassment liability, you’d better get your straight-edged ruler out and connect employees to their supervisors by name.

Ever have employees tell you they need time off for religious reasons? Or, that they won’t perform a certain task because it’s against their religion? Their managers may be tempted to yell “Clam up and get back to work,” but that’s an expensive reply, as two new court rulings show.
Overtime and harassment are big deals, but a less headline-grabbing risk—retaliation—may be an even bigger danger. And a new court ruling shows that employees who reach out to the police to report inter-office harassment can also earn legal protection from being fired or any other form of retaliation.

You can’t expect employees to walk into HR and ask, “May I have a reasonable accommodation under the Americans with Disabilities Act of 1990? Oh, and don’t forget to engage me in the required interactive process!” As the following case shows, blowing off that interactive process could be seen by the courts as “bad faith,” which gives the employee a direct admission ticket to a jury trial ...

Does your organization have a policy requiring employees to retire (or step down to a lesser position) once they hit a certain unbecoming age? Does that sound like your strategic succession plan—push your working geezers and geezeretts out the door so younger workers can climb the ladder? If so, a groundbreaking $27.5 million EEOC settlement last week shows that you better retire those policies … not the people...
You’ve probably heard about this week’s big $11.6 million sexual harassment verdict against former basketball star and New York Knicks coach Isiah Thomas. The bad news: Your employees heard about it, too … and it planted a seed in their minds ...

Does your company allow employees to play music while they work? Do you ever pay attention to the words? The EEOC says maybe it’s time you plug in. Some companies that don’t monitor their employees’ choices in music just might be singing the “EEOC blues,” as the following case shows...

Next time you have to decide if an employees’ medical condition is “serious” enough to qualify for FMLA leave, maybe you should grab your Grey’s Anatomy medical book (or maybe just watch the TV show) to brush up on your ability to diagnose. That seems to be what a court is urging in an important ruling that many have overlooked.
Sometimes, truth is stranger than fiction. That’s certainly true with the, um, “unique” religious discrimination case that comes to us this month from America’s heartland. The case hammers home a clear lesson: It’s never appropriate for company leaders to force employees to adhere to certain religious practice ...

While the ADA requires companies to make job accommodations for disabled workers, you don’t have to employ anyone who can’t perform the “essential functions” of the job. And on-time attendance is an “essential function,” right? Not necessarily, as the following case shows ...

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity”...
What do you do when a chronically absent employee—who’s already received a last-chance warning—is absent again? Do you have to sort out whether that final “last-straw” absence is covered by the FMLA, even if you could have fired the person weeks earlier for being MIA? The answer is unequivocally “yes”...