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...

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 ...

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?

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?...

“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) ...

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 …

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 ...

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 …

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.

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 ...

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) ...

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 ...

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.