From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.
Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.
According to a recent 2nd Circuit Court of Appeals ruling, when the alleged harassment comes from customers and others over whom the employer has limited control, the rules regarding co-worker harassment apply.
The ADA accommodations process must also be ongoing—and it doesn’t necessarily end with the first accommodation. But sometimes, a disabled employee can become unreasonable as time passes. You may decide to revoke an accommodation or refuse to modify it. If he sues, clear documentation showing what you did over the years can mean winning the lawsuit.
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.
Q. We’ve had so many employee absences due to the flu this year. Next year, can we require all employees to get a flu shot?
Because damages are unlimited in Pennsylvania common-law tort claims, disgruntled employees and their attorneys sometimes try to turn run-of-the-mill harassment cases into intentional-infliction-of-emotional-distress lawsuits. The payoff can be huge.
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.
Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?
Some things in life are certain. Like death and taxes, litigation following a firing after a discrimination complaint will happen. The reason: Judges are reluctant to toss out retaliation claims without first hearing all the evidence.
Employers that discipline employees who make racially offensive comments have done what’s required of them. Unless they hear about a recurrence, it’s safe to assume the problem was solved.
An Iowa jury has awarded 32 men with intellectual disabilities the largest verdict in EEOC history—$240 million for 20 years of disability discrimination and abuse.