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HR Management

Employers win Nassar battle, but retaliation war continues

08/20/2013
In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

Truth is, a handbook needs an honesty policy

08/20/2013

Nearly one in five U.S. workers admit to lying at the office at least once a week, according to a CareerBuilder survey. A quarter of hiring managers say they’ve fired an em­­ployee for being dishonest. In such cases, it’s much easier to discipline and terminate an employee when you have a general honesty, ethics or misrepresentation clause in your employee handbook.

Can we ask employees about retirement intentions?

08/19/2013
Q. Is it OK to ask members of our management team what their tentative retirement plans are so we can focus on having enough trained people ready to step up when vacancies occur? 

College graduates are the least engaged at work

08/15/2013
According to a recent Gallup poll, only 28.3% of college graduates believe “at work I have the opportunity to do what I do best every day.”

Supreme Court rejects EEOC’s broad definition of ‘supervisor’

08/13/2013
In a major victory for employers, the Supreme Court in June ruled that, in Title VII cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The Court’s decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias, a claim that carries strict employer liability.

Public employers: OK to demand medical records if drug test leads to rehab

08/13/2013
Public employees who work in jobs related to public health and safety and who test positive for drugs can’t refuse to sign medical releases related to treatment for drug and alcohol problems.

Anti-harassment policy, training are meaningless if supervisors decide to ignore them

08/13/2013
When a co-worker makes himself a nuisance (or worse), a robust anti-harassment policy, a clear reporting method and swift and sure action will cut liability in almost all cases. But what if the policy isn’t en­­forced or a supervisor learns about the harassment but ignores the problem and doesn’t take action? Then all bets are off.

HR: Corporate America’s social media cops

08/12/2013
HR takes the lead in enforcing employer policies regulating how employees use social media, according to research by the Society for Human Resource Management.

To do: Complete and file 2013 EEO-1 surveys by Sept. 30

08/06/2013
You should have an envelope from the EEOC in your in-box. The contents: the 2013 EEO-1 Survey. By law, affected employers must file their EEO-1 reports by Sept. 30.

‘Nonterritorial’ workplace allows maximum employee choice

08/05/2013
Some lucky employees have all kinds of options when choosing where to get their work done. Their em­­ployers have embraced what I call the “nonterritorial workplace.” It allows employees to work wherever they will be most productive on any given day.