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Employment Law

How does VESSA work?

09/10/2008
Q. What are the key elements of Illinois’ Victim Economic Security and Safety Act (VESSA)? …

Must we turn over personnel records that might compromise an investigation?

09/10/2008

Q. A former supervisor is the subject of an ongoing sexual harassment and retaliation investigation. He is asking to view his personnel records. The records contain the details of the retaliation complaint. Does he have the right to review his own personnel file? …

The latest ADA disability-rights claim: I’m allergic to the Internet!

09/09/2008

The ADA requires employers to accommodate the disabilities of their employees and customers. We thought we’d heard about every kind of potential disability—until this one …

HR Must Referee Employees’ McCain-Obama Debates: Know the Law

09/09/2008
John McCain and Barack Obama aren’t the only people embroiled in political debates this fall. So are some of your employees. And their water-cooler conversations may turn especially heated in the next few weeks. How HR handles political speech may spell the difference between workplace civility and civil war.

Take action to prevent customers from harassing employees

09/09/2008
Employees are entitled to work in a harassment-free environment—and that includes more than freedom from harassment by supervisors and co-workers. Employers also have to take reasonable steps to protect workers from harassment by customers, clients and others over which the employer has some control …

Don’t let lawsuit fear make you second-Guess good decisions

09/09/2008
Courts aren’t in the business of second-guessing all your employment decisions, as long as those decisions seem reasonable and rational. If you keep good records, can easily explain your decision-making processes and don’t have any discrimination to hide, you’ll win most lawsuits …

You can’t ignore—or excuse—Offensive cultural symbols

09/09/2008
There’s no excuse for ignorance when it comes to racially hostile symbols and speech in the workplace. Employers that ignore harassing co-workers—hiding their heads in the sand or relying solely on handbooks that tell employees how to complain—may be setting themselves up for a losing lawsuit …

Biological Link to Child Isn’t Required for Employee to Take FMLA Child-Care Leave

09/09/2008
The FMLA clearly doesn’t cover employees who take time off work to care for a sick girlfriend or boyfriend. However, as a new case shows, employees can legally take FMLA leave to care for a girlfriend’s or boyfriend’s child, if the employee has assumed day-to-day responsibility for that child. Learn more about this crucial distinction.

Focus on facts when promoting; avoid subjective ‘Better qualified’ justification

09/09/2008
Internal promotions are tricky. Supervisors usually try to choose between two or three known candidates—subordinates with whom they have worked with day in and day out. It’s tempting, then, to choose the employee who seems the most cooperative and the best team player. Resist that temptation …

When Can You Discipline, Fire Disabled Workers? New EEOC Guidance Explains

09/09/2008
The ADA does not affect an employer’s right to hold all employees to basic conduct standards, and employers can apply the same performance standards to all employees, including those with disabilities. That’s the clear conclusion of a new ADA guidance document just issued by the EEOC.