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

Employment Law

You must stop harassment by customers, too

11/29/2018
The EEOC doesn’t hesitate to file lawsuits when it discovers employers haven’t intervened to stop customer harassment or done enough to prevent it in the first place. It consistently wins those suits, too.

LGBT employee rights in transition as courts weigh in on bias

11/28/2018
Ensuring anti-discrimination protection under Title VII of the Civil Rights Act of 1964 for lesbian, bisexual, gay and transgender employees remains a strategic priority for the EEOC.

Court loses patience with pro-se litigants’ appeal

11/28/2018
When workers try to sue their employers and can’t find an attorney, courts will look at their financial status and sometimes conclude that they shouldn’t have to pay filing fees and other court costs. This can mean that a seemingly frivolous case goes on for a long time.

California courts can modify arbitration agreements

11/28/2018
In certain arbitration agreements, employees cannot waive the right to collect attorneys’ fees if they prevail. But including such a waiver in the agreement doesn’t necessarily doom it.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

California courts take a hard line on independent contractor classification

11/28/2018
Two recent California court decisions have made it much harder for California businesses to establish that workers are independent contractors rather than employees.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Arbitration pacts: Beware language barriers

11/28/2018
Employers who have their employees sign arbitration agreements need to consider what might happen if an employee challenges the agreement on the grounds that it might be unconscionable.

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?

Diversity initiatives: Make sure your good intentions are lawful

11/28/2018
While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies when they have strayed beyond Title VII and trammeled upon the rights of male and nonminority employees.