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

Employment Law

EEOC: BNSF violated ADA

11/03/2014
Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer

11/03/2014
Some disabled employees seem to think that the accommodation they prefer must be the one they get as long as it meets the definition of “reasonable.” They’re wrong.

Consider job restructuring as disability accommodation

11/03/2014
These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.

Shoot for dismissal if employee’s harassment case is based on only one comment

11/03/2014
Courts don’t want to spend all their time mediating minor workplace disputes. Judges aren’t HR professionals and don’t want to run your business. Keep that in mind the next time an employee files a lawsuit based on one or two allegedly hostile incidents. Chances are, the case will be dismissed.

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014
Here’s a warning for public em­­ployers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

Restaurant fires pregnant waitress for baby’s safety

11/03/2014
The EEOC has sued Arthur’s Res­tau­rant and Bar in Addison for pregnancy discrimination after a waitress who was expecting a baby was allegedly fired when she was “beginning to show.”

You may be joint employer despite EEOC filing

11/03/2014
When employees file EEOC charges, they are supposed to name all potential defendants and explain what they allegedly did wrong. But sometimes it’s hard to figure out corporate relationships—for example, a joint employer relationship involving a corporate entity and an individually owned franchise.

Frustration about disability won’t cost a lawsuit

11/03/2014
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-­chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.

Whistle-blower or revealer of trade secrets?

10/31/2014
A former attorney for the Vanguard Group in Malvern is suing the investment firm, claiming he was fired for refusing to go along with an illegal tax scheme.