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Employment Law

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

Shield promotion committee from previous complaints

12/08/2016
Make sure your promotion decisions aren’t tainted by irrelevant information—such as whether an employee has filed discrimination complaints in the past.

If you ignore whistleblowers, prepare to pay

12/08/2016
Two employers have recently learned this lesson the hard way.

Consistently apply progressive discipline

12/08/2016
Progressive discipline may end up becoming a trap for employers that don’t scrupulously honor the underlying purpose of the rule being implemented.

Strip club’s stage lease doesn’t stop wage lawsuit

12/06/2016
An exotic dancer at Philadelphia’s Gold Club can sue under the Fair Labor Standards Act, following a ruling by a federal appeals court panel.

Cut discrimination risk with audit for differing discipline

12/06/2016
If you are about to punish a worker for poor performance, do a quick self-audit to see if other employees received similar punishment.

Manager’s ageist comment isn’t necessarily a kiss of death in court

12/06/2016
It happens with disheartening frequency: A manager makes a stupid comment about an employee’s age that—in an HR pro’s worst nightmare—could lead to a nasty lawsuit.

Reporting racial slurs is protected activity

12/06/2016
A worker reporting that a supervisor used a racially charged slur is protected from retaliation.

Think twice before firing complainer

12/06/2016
If you have a worker who has complained about some form of discrimination, think twice before you terminate her.

Court decides ‘weird’ is a gender-neutral insult

12/06/2016
Viewing someone as “weird” or unusual isn’t discriminatory if, in context, the label could apply to either sex.