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Employment Law

Beware requiring employee to seek counseling, which could trigger an ADA lawsuit

12/20/2024
Last summer, the U.S. Supreme Court made it easier for employees to claim discrimination even if their employer’s actions didn’t substantially harm them. Now, the same reasoning from Supreme Court’s Muldrow v. St. Louis decision is being applied to the ADA.

Avoid ‘overqualified’ label, often just another way to say ‘too old’

12/20/2024
Warn hiring managers to refrain from calling job candidates “overqualified.” It’s a legally explosive term that’s often construed as a polite way to call someone too old. At the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes.

Embrace HR’s role in preventing insider security threats

12/18/2024
Cybersecurity isn’t just about protecting your organization from external hackers or phishing scams; it’s also about safeguarding it from internal threats. HR professionals hold the key to tackling cybersecurity challenges head-on. Here’s how.

Court: Process for removing NLRB judges is unconstitutional

12/16/2024
A federal judge on Dec. 11 struck down National Labor Relations Board rules that prevent the agency’s administrative law judges from being fired at will.

Senate denies McFerran’s renomination as NLRB chair, blocks bid for Democratic control through 2026

12/16/2024
Under Republican control, the NLRB will likely move quickly to reverse several major pro-union and pro-employee rulings issued since 2021.

Win lawsuits by documenting consistent, equitable interview process

12/16/2024
When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

Legacy of pay discrimination just cost this employer $43 million

12/16/2024
The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

A cautionary tale: Lessons from a recent retaliation case

12/11/2024
Retaliation claims can be among the hardest to defend. Timing and intent are everything, and even well-meaning employers can stumble without strong policies and careful implementation.

AIDS and HIV in the workplace

12/11/2024
Under the Americans with Disabilities Act, individuals with a physical or mental condition that substantially impairs a major life function may be entitled to a reasonable accommodation. Someone with HIV/AIDS may have challenges that require accommodations.

Disabled worker can’t be forced to quit

12/11/2024
Disabled employees are entitled to reasonable accommodations, including reassignment to open positions they’re qualified to perform. But employers can’t force them to quit to apply for that open position.