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

Discrimination / Harassment

After suing for discrimination, firefighters’ sanity questioned

10/11/2011
A federal judge has ruled that two Pasco County firemen who are suing the county for discrimination must undergo mental fitness-for-duty examinations before they can return to work. The firemen failed to convince the judge that the examinations amounted to retaliation for filing suit against the county.

HR detective: How to solve the classic ‘he said/she said’ mystery

10/11/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Mondays off for religious reasons: Is this legit?

10/11/2011
Q. We have an employee who claims to belong to a religious sect I have never heard of. Their alleged holidays always occur on Mondays. Do I have to give her these holidays off?

Handle criminal inquiry with care, sensitivity

10/10/2011

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Take it on faith: You can accommodate religious diversity

10/07/2011
Title VII of the Civil Rights Act of 1964 prohibits em­­ployers from discriminating against employees based on their religious beliefs. As America becomes more diverse, employers are facing more issues that concern employee faith, including requests for time off and dress and grooming standards.

New for New York employers: union posters, NYC religious accommodation

10/07/2011
The National Labor Relations Board has ruled that private-sector employers must post a notice advising employees of their right to join a union. And a new amendment to the New York City Human Rights Law imposes a higher burden on employers that assert that accommodating an employee’s or pros­­pective employee’s religious observance or practice would constitute an “undue hardship.”

Lake Champlain pizza parlor faces sex harassment charges

10/07/2011
The EEOC is suing Angelo’s Pizza and Grill in Rouse’s Point on the shores of Lake Champlain, alleging that three managers subjected female employees to unwanted sexual advances and lewd comments.

Appeals court to lower courts: Consider NYC claims separately

10/07/2011
Do you have employees in New York City? If so, different and more stringent rules apply to your HR practices. It isn’t enough to get federal discrimination claims dismissed. Trial courts have to consider city claims separately.

Sorting through résumés? Make criteria clear

10/07/2011
These days, you’re probably receiving tons of résumés for open positions. You obviously can’t interview all candidates. But don’t get careless about whom you pick to advance to the next screening level.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011
Want to avoid needless and ex­­pensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.