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Employment Law

Warn supervisors: No inappropriate questions for employees who are expecting

08/01/2019
Employers should be careful about intrusive inquiries about a pregnancy, especially those that come from supervisors.

Firing whistleblower? Be clear about timing

08/01/2019
Employers should make sure to note exactly when they terminate a whistleblower. Then they should challenge any whistleblower retaliation complaints filed more than 30 days after that date.

Texas suit challenges EEOC background check rules

08/01/2019
The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

McDonald’s strict grooming policy riles EEOC

08/01/2019
McDonald’s—the restaurant that pumps out carbon-copy burgers and unfailingly flawless fries—has found the limits of its exacting standards. People, it appears, cannot be packaged nearly so precisely.

How rigid can our dress code be about imposing grooming standards?

07/30/2019
Q. Can we require male employees to keep their hair short? Also, can we require male employees to shave their beards?

Tort claims possible over outrageous conduct

07/30/2019
It’s rarely a good idea for bosses to impose their beliefs on subordinates.

Work with IT to capture agreement to arbitrate

07/30/2019
Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Retaliation claim can live on long after original harassment claim is resolved

07/30/2019
Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.

Your best legal defense: Treat all employees fairly and equitably

07/30/2019
Employers that always treat employees equally rarely lose discrimination lawsuits. That’s why HR departments should scrutinize every employment decision—hirings, promotions, demotions, firings, training assignments and so forth.

‘Ministerial exception’ may not cover schools

07/30/2019
Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.