• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Requesting religious accommodation isn’t protected, but that doesn’t kill lawsuit

02/14/2018

Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.

OK to add more reasons for termination, as long as they’re consistent with first rationale

02/14/2018

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

Prior harassment? Let supervisor know

02/07/2018

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.

Note firing for straw that broke camel’s back

02/07/2018

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.

Snapshot: Employers react to #MeToo, #TimesUp

02/06/2018

Since sexual harassment emerged last fall as a central cultural and workplace issue, employers have responded in these three ways.

Anti-harassment policies a mystery for many

02/06/2018

Ninety-four percent of surveyed HR professionals told the Society for Human Resource Management that their organizations have anti-harassment policies. Yet, 22% of nonmanagement employees did not know for sure that these policies existed.

EEOC may want more than money to settle

02/01/2018

In an indication that the agency is getting tougher on employers that violate religious freedom and discrimination rules, the EEOC appears to be squeezing greater concessions from employers before agreeing to settle cases.

Tax reform stifles #MeToo settlement deductions

01/31/2018

While motivation for this new provision was a well-intentioned nod to the #MeToo movement, it may have unforeseen consequences.