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Employment Law

Beware calling older employee ‘old man’

01/03/2014
Include ageism in your discrimination and hostile work environment training. And for goodness sake, remind bosses not to refer to older workers as “old man” or “old woman.”

Government employers: Section 1983 may mean liability for sexual orientation bias

01/03/2014
While Congress has not yet passed an amendment to Title VII of the Civil Rights Act that outlaws employment discrimination based on sexual orientation, public employers are increasingly being sued under Section 1983, which prohibits government from denying citizens their constitutional rights to equal protection of the law.

Adding an arbitration agreement? Make it retroactive

01/03/2014
Are you considering adding an arbitration agreement to your terms and conditions of employment? If you do, make sure the contract includes a retroactive clause that makes arbitration the remedy for past complaints, too.

North Carolina law allows honest answers to reference requests

01/03/2014
Employers often worry when they respond to requests for an em­­ployee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.

Deflecting Cupid’s arrow in an environment shaped by #MeToo

01/01/2014
With Valentine’s Day on the way, now is an excellent time to reexamine sexual harassment policies.

How to avoid age bias when talking retirement

12/31/2013

Supervisors and HR walk a legal tightrope when discussing retirement plans with aging workers. If it appears you’re pushing an employee out the door based on his age, you’ll be setting yourself up for an age discrimination lawsuit.

ADA: Essential Functions

12/31/2013

HR Law 101: An employer needn’t hire a disabled person if he or she lacks the requisite skills, experience and education for the job in question. But if the deciding factor is the disability, you must prove that the condition interferes with what the ADA terms the “essential functions” of the job …

ADA: Reasonable Accommodation

12/30/2013

HR Law 101: Under the ADA, a “reasonable accommodation” enables a qualified individual with a disability to perform the job’s essential functions. But an accommodation is considered unreasonable when it causes the employer an undue hardship …

U.S. Supreme Court: 5 key HR law questions to be answered in 2014

12/27/2013
The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers. Look for decisions before the term ends in June.

Revised federal subpoena rules reduce travel burden

12/25/2013
New federal subpoena rules that took effect Dec. 1 mean that employers may not have to travel so far to give depositions in civil lawsuits or testify in out-of-state trial courts.