Employment Law

FMLA retaliation requires ‘but for’ proof

03/09/2016

Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

Atheist entitled to ‘religious’ accommodation

03/09/2016

Employers have to reasonably accommodate their employees’ religious beliefs and practices. But what if the worker happens to be an atheist?

DOL initiating more FMLA enforcement

03/07/2016

You don’t have to be sued to lose an FMLA case.

Designing a Progressive Discipline Policy

03/07/2016

White Paper published by The HR Specialist ______________________ The most reliable way to protect your organization from wrongful termination charges is to establish and enforce a system of progressive discipline. Having such a structure in place, and making it clear to all supervisors that they are expected to abide by it, is your best defense […]

Getting to know GINA

03/04/2016

The Genetic Information Nondiscrimination Act of 2008 was founded on the concern that advancements in the field of genetics could lead to the misuse of genetic information to discriminate against people in employment and health insurance.

EEOC files first Title VII gay-bias lawsuits

03/04/2016

The EEOC has filed its first two lawsuits against private-sector employers based on the contention that bias against gay people is a form of sex discrimination.

Can you ban workers from moonlighting during FMLA leave?

03/03/2016

It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.

Pregnant employee: Does her boss know how to respond?

03/03/2016

When an employee shares the news of her pregnancy with her manager, it may bring on mixed emotions. While the supervisor may be happy for the employee, the realities of scheduling and productivity will weigh heavy on his or her mind.

Reserve duty is protected even if it’s inconvenient

03/02/2016

Employees who are military reservists can be called to active duty for weeks, months or even year-long deployments. But punishing that soldier for the inconvenience can be costly.

Rehabilitation Act may protect independent contractors from disability discrimination