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Employment Law

Bill would lower standard for harassment complaints

06/26/2018
A bill before the Minnesota legislature would establish a lower bar for sexual harassment victims under the Minnesota Human Rights Act than the one required to file claims under Title VII of the Civil Rights Act.

Part-time job may be reasonable accommodation

06/26/2018
The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any open full-time positions? A part-time position may suffice.

ADA doesn’t guarantee right to pick a different supervisor

06/26/2018
An employee may claim that the stress of having a difficult boss creates a mental disability such as major depression. She can ask for another supervisor as a reasonable accommodation—but employers don’t have to grant it.

Avoid discrimination lawsuits! Beware hiring below minimum job requirements

06/26/2018
If you rejected an applicant early in the hiring process because he or she didn’t meet your stated minimum requirements, but then hired someone else who also didn’t meet them, then the rejected applicant may have a potential discrimination lawsuit.

Justify discipline by documenting the reasons at the time you decided to act

06/22/2018
Courts hate to second-guess employers’ disciplinary decisions. If you are sued for discrimination, give judges every reason to believe that your organization isn’t biased. The best way is to detail the surrounding circumstances that gave rise to discipline.

Unofficial off-the-clock rule spells class-action trouble

06/21/2018
What happens if there is an unwritten rule among supervisors that workers must come in early to set up and prepare for work before they’re allowed to log into the time-keeping system? That’s a recipe for a class-action FLSA lawsuit.

EEOC flexes muscle with 5 harassment suits

06/21/2018
The EEOC wants to make it clear: Regardless of which way the political winds blow, it still takes workplace harassment seriously.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

EEOC revives task force on sexual harassment

06/21/2018
The EEOC has reconvened its Select Task Force on Sexual Harassment in response to the momentum generated by the #MeToo movement.

Business pushes NLRB for strict definition of joint employment

06/19/2018
A coalition of business groups is weighing in ahead of a new rule on joint employment expected to be issued later this year by the National Labor Relations Board.