Mindy Chapman Esq. is the founder of the nationally acclaimed “Workplace
Training that Clicks & Sticks™”and co-author of the American Bar
Association’s best seller and authority on civil rights training, "Case
Dismissed! Taking Your Harassment Prevention Training to Trial."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.
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 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...
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 ...
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 ...
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?
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...

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