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  • HR Specialist: Employment Law
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Discrimination / Harassment

How far can our company go in prohibiting employees from smoking?

07/20/2009

Q. We are committed to providing a healthy and safe environment for our workforce. To that end, we strictly prohibit smoking on company property. Can we also prohibit employees from smoking during their lunch breaks and outside of work?

There’s a big difference between ‘unfair’ and illegal

07/20/2009

Every employer’s goal should be to manage employees in a manner that’s blind to race, sex, age and disability. That doesn’t always happen. But it’s important to realize that it’s only when unfairness harms members of a protected class that the practice is illegal.

Tell bosses: Work sexual harassment rules apply to other business relationships, too

07/17/2009

Warn your supervisors and managers: If they sexually harass business associates who aren’t your employees, those associates can sue for sexual harassment, too. The harassment has to meet the same standards as in the employment setting.

Disabled customers can’t access your facilities? Pay up!

07/17/2009

You know that you have to accommodate disabled applicants and employees under both the ADA and California’s Unruh Civil Rights Act. When making those accommodations, think of customers, too. The California Supreme Court has ruled that customers who can’t access your public spaces can sue for damages.

Pair of Supreme Court rulings redefine race, age bias

07/17/2009

In the days before ending its 2008-09 term, the U.S. Supreme Court issued two important employment law rulings. Now it’s harder for employees to win age bias lawsuits. Also, the court ruled on race bias in pre-hire testing.

Warn bosses: Pregnancy plans talk is off-limits

07/17/2009

Are some of your organization’s supervisors still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? If so, your organization may be a few off-base questions away from triggering a discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

No evaluations? You could be called ‘Out!’

07/17/2009

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.

Remind managers: Even unconventional female-on-male harassment can be illegal

07/17/2009

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Bill banning sexual orientation bias introduced; some version likely to pass this year

07/17/2009

The new version of the Employment Non-Discrimination Act (ENDA), H.R. 2981, was introduced in Congress last month and has a good chance of passage this year. It would make it illegal for most public and private employers to discriminate against employees and applicants based on the person’s sexual orientation, gender identity or transgender status.