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

Question: Think you’ve got a dysfunctional workplace? Take a stroll through the recent 6th Circuit ruling in Parker v. General Extrusions. The case describes a workplace in which Nancy Parker, one of the few female employees on the machine-shop floor, was repeatedly taunted, called names and physically harassed. The response from managers and HR ranged from mild rebukes to outright humor.
It used to be that you could keep your religious beliefs about sexual orientation to yourself. Not anymore. As a new court ruling shows, if you’re the defendant in a sexual-orientation discrimination lawsuit, a court may want to get inside your head in order to help prove WHY you are discriminating...

Say four of your salaried, exempt employees are burning the midnight oil this summer on a special project. Their boss wants to reward them with extra pay and/or extra vacation hours. But you raise this legal red flag: Won’t giving them such an “overtime” bonus be treating them more like nonexempt employees and, therefore, destroy their exempt status? The answer: No … as long as you structure that extra compensation in the right way ...

Unfortunately, your HR personnel files are a goldmine for identity thieves, filled with all kinds of juicy personal data. But a new court ruling shows that the rise in identity theft doesn’t excuse employees from disclosing their SSNs to employers ...

Responding to a harassment complaint is a lot like running a sprint race—even if you start well and do everything right, one trip near the finish will wipe you out. For HR, the most common problem comes when it handles an initial harassment complaint or lawsuit just fine, but then some genius in the office decides to “get back” at the complainer in some way. Doing things 99% right just isn’t enough to stay out of court...

The right timing is an important thing in most contact sports … including layoffs. And suspicious timing is always a red flag to employees and to the courts, as new lawsuit against Boeing shows. If your organization suddenly changes its employee-scoring rules (to the employee’s detriment) prior to a layoff, it will undoubtedly raise eyebrows that something fishy is going on. The courts call it “pretext” for discrimination … your employees will call it something worse ...

When an employee says “No” to the sexual images posted in co-workers’ workstations and to their sexually laced comments, your company better listen … and act. It can’t become caught up in a debate over “how much” porn is acceptable. As a new lawsuit shows, even if an employee initially tolerates a sexually charged workplace, she can drop the lawsuit hammer at any time.
The U.S. Labor Department issued a report yesterday that said all is not well in the land of FMLA. Shocking, truly shocking! And we in the employer community thought things were so rosy…
Question: It’s natural to get mad when one your employees files a legal complaint or lawsuit. Getting mad is fine … getting even isn’t. But “getting even” seems to be a popular pastime in American businesses today. That’s why claims of retaliation are the fastest-growing form of illegal discrimination claimed by U.S. employees.

Try this on for gross. A female employee gains access to her boss’s e-mail account without permission and discovers a vulgar e-mail sent by a male co-worker to her male boss. The subject of the e-mail: her genitals. So, does this create an illegal hostile work environment, even though the e-mail was not sent to the woman and she was never intended to read it?

When you have to perform reductions in force, the best strategy for avoiding age-discrimination lawsuits has nothing to do with a “strategy” at all—it’s all about making sound decisions based on honest, documented employee rankings, as telecom giant Sprint Nextel has just learned the hard way.

This week’s important U.S. Supreme Court ruling on pay discrimination resulted in a major victory for employers nationwide … and an unusually heated debate between Supreme Court justices. The 5-4 vote means employees no longer can sit on wage discrimination claims for years. They have only 180 days to file their claims with the EEOC or the claim is forever barred. Period. Sounds like good news, right? But be aware: This ruling likely will, in the short run, lead to a spike in pay-discrimination claims...

In the good old days, employers used to have control over who they hired. Not anymore. Today, the EEOC has the power to decide who you will have to roll out the red carpet for.

How would supervisors in your organization handle this situation: A female employee walks into her boss’s office and complains that one of her co-workers showed her pictures of himself engaged in ... activity best reserved for the privacy of one’s own home (get the gist?). Pretty serious stuff. Apparently one guy didn’t think so ...

Terminations are a legal minefield, but you’d think it would be easy to fire a 911 emergency dispatcher who was found sleeping on the job. Not in today’s lawsuit-happy environment...

You’d think that going into a retail store to pay retail prices with real green money would be a sight for a salesperson’s sore eyes. Not the case at Dillard’s Department Store in Kansas City, which is now facing a messy lawsuit because of one saleswoman’s rudeness.
Ouch for Employers! The Equal Employment Opportunity Commission’s Chair Naomi Earp has just said that EEOC attorneys now work as if they are part of a national law firm. Instead of simply handling a complaint in the geographic region it was filed in, this new model allows EEOC attorneys to strategically scrutinize the employment practices of big companies with multiple sites nationwide and to effectively select the best venue to litigate in.
Does your “Now Hiring” sign really mean “Now Hiring Men”? That appeared to be the case at an Ohio auto dealership, which just settled a sex-discrimination lawsuit with the EEOC. The dealership must pay out $2.3 million to a group of 39 female applicants who were denied sales jobs.
FedEx will write a check for $55 million dollars to settle a class-action suit alleging race and national-origin discrimination in hiring, promotions and performance practices. FedEx’s “pay day” comes after minority employees challenged the company’s “Basic Skills Test” hiring and promotion tool for having a discriminatory impact on them ...
Since when is a manager’s mere “concern” over a disabled employee’s ability to do the job enough justification to terminate? Try never. In the dictionary, “concern” is synonymous with “worry” and “fear.” So, a manager who is wringing his hands with potential concerns about an ADA-protected employee’s performance may soon have bigger things to be concerned with ... like a federal lawsuit.
A court mandated the former CEO of a Nevada company and others to restore over $4.775 million, including interest, to two pension plans.
How should a company welcome back a member of the military and say “thank you”...? Within a few hours of returning from military training to his job at Target Corp., an employee was demoted. Then, after he complained that the demotion violated the Uniform Service Employment and Reemployment Act (USERRA), Target fired him. He was willing to take a bullet for our country, so how did he end up becoming a target in the workplace?...
Do you have to tell your customers you are sexual harassers? Yup, you might have to. Shocking, right? In a startling court order, a judge required a company to inform their customers about their sexual harassment verdict against them for over $1 million ...

“Tr*mp.” “F*ck.” “Sl*t.” “B*tch.” “B*be.” That was the everyday vocabulary for one of the bosses at Blue Cross Blue Shield of Alabama. Sounds like a real loser, right? Not in this case. The official loser was the employee who failed to report the manager’s conduct promtly and, therefore, lost her case in court ...

Question: Open mouth. Insert foot. Taste a lawsuit? The district manager at the Foot Locker did. In a surprising court ruling, a judge decided that only “one comment” made by the district manager about the store manager’s age was enough to hand him his walking papers -- into court that is.