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Discrimination / Harassment

Documentation is key if you decide not to retain a probationary employee

02/02/2015
Sometimes, it becomes obvious soon after hiring an employee that he is not going to work out as expected. But what if you still want to give him a chance?

Never tie performance problems to disability

02/02/2015
Warn bosses that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the worker has or hasn’t accomplished and how that compares to your standards—not on underlying reasons for success or failure.

Pregnancy Discrimination Act

01/30/2015

HR Law 101: The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” Employers can’t deny a woman a job or a promotion merely because she’s pregnant or has had an abortion …

4 legal issues employers must watch in 2015

01/28/2015
Employers face difficult compliance issues every year, but according to Ogletree Deakins attorney Diane Saunders, four areas now deserve special attention.

Always discuss disability accommodations; the ADA ‘interactive process’ is mandatory

01/28/2015
When employees want to return to work with restrictions after an illness or injury, it may seem impossible for them to perform the essential functions of their jobs. But never instantly dismiss the possibility without talking to the employee.

Zillow.com may face reckoning for ‘frat house’ culture

01/26/2015

High-profile lawyer Mark Geragos has set his sights on Web-based real estate company Zillow.com. His firm has filed four lawsuits against the company for various federal law violations. In the two most recent suits, Gera­­gos represents a woman who claims she was the victim of age discrimination and another who alleges severe sexual harassment.

Six cities ace LGBT ratings

01/26/2015
Six California cities scored perfect 100 ratings in the Human Rights Campaign’s annual assessment of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Weigh special assignment as accommodation

01/26/2015

Generally, employers have the right to choose which accommo­­dation they want to offer a disabled employee. That is, the employer—not the employee—gets to choose. But that right has limits.

Never tie performance problems to disability

01/26/2015
Warn supervisors that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the employee has or hasn’t accomplished and how that compares to your standards—not on possible underlying reasons for success or failure.

EEOC launches harassment panel

01/26/2015
The EEOC has established a task force to identify strategies to prevent workplace harassment, according to incoming EEOC Chair Jenny R. Yang, who presided over her first commission meeting on Jan. 14.