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Employment Law

It’s tough to prove bias if the manager who hired was also the one who fired

08/01/2018
A manager who knew of someone’s protected characteristic would not have hired that applicant and then turn around and fired the same individual because of that very protected characteristic. A biased manager would never have hired her in the first place.

When discussing ADA accommodations, track every offer and counter-offer

08/01/2018
If a worker refuses to accept an offered accommodation, the employer is free to end the accommodations process—which may even mean the employee loses her job.

Anti-harassment policy alone isn’t enough

08/01/2018
It goes without saying that every employer should have a robust policy prohibiting sexual harassment. But just having a policy isn’t enough.

#MeToo roils another show biz venue: the concert hall

07/31/2018
The longtime concertmaster for the Cleveland Orchestra has been suspended following allegations of sexual harassment and assault.

Long gap between complaint and discharge kills case

07/30/2018
Employees who engage in protected activity such as complaining about alleged discrimination are protected from retaliation for doing so. But that protection doesn’t last forever.

Avoid deviating from past disciplinary process

07/30/2018
When you have a disciplinary process in place and have used it before, don’t deviate from it unless you encounter truly extraordinary circumstances. Otherwise, you may face a discrimination claim.

Court outlines three categories of disability associational discrimination

07/30/2018
A California appeals court has outlined three types of illegal disability associational discrimination. Employers should take note and make sure managers and supervisors understand that they cannot use those reasons to justify not hiring, sidelining or terminating employees who care for or are related to disabled persons.

Problems discovered during protected leave? Document history and details of deficiencies

07/30/2018
Sometimes, managers or supervisors don’t realize the extent of a subordinate’s poor performance until the employee is out on leave and someone else has temporarily taken over the job. If that happens in your organization, be sure to carefully document the deficiencies before you take action.

Weigh several disability accommodations

07/30/2018
The ADA requires employers to provide reasonable accommodations so disabled workers can perform the essential functions of their jobs. If a worker sues, he has an opportunity to conduct discovery and come up with other possible accommodations that were never considered before.

Bay-area IT firm agrees to H-1B visa settlement

07/30/2018
Cloudwick Technologies in Alameda County has settled allegations by the U.S. Department of Labor that it violated H-1B visa requirements when it paid workers much less than the law requires.