Policies / Handbooks

U.S. workers take slightly dimmer view of DEI

12/02/2024

Just 52% of American workers surveyed by the Pew Research Center earlier this year said they consider DEI programs a good thing, compared to 56% in 2023.

Drug-free policy vs. legal marijuana: Call your lawyer!

10/25/2024

Can employers refuse to hire them or fire casual marijuana smokers if they test positive on a blood test? That’s the conundrum an Illinois employer recently faced when it wanted to enforce a zero-tolerance policy against drug users, including users of marijuana.

Ban numerical goals, quotas from efforts to diversify

10/15/2024

Studies show that employers with diverse workforces outperform homogenous organizations on such important measures as innovation, revenue and profitability. However, employers intent on fostering diversity must do it in a way that doesn’t discriminate against any specific group of applicants or employees.

EEOC: ‘Fully healed’ return-to-work policy violates ADA

09/27/2024

Here’s a warning for employers that insist workers taking medical leave must be fully healed before returning to work. According to the EEOC, such a rule violates the ADA because it forecloses the possibility that disabled employees could perform the essential functions of their jobs with or without an accommodation.

Review policies limiting workplace romantic relationships

09/27/2024

Earlier this year, the EEOC released the final version of its Enforcement Guidance on Harassment in the Workplace. One of the report’s most significant conclusions: Employers can lessen the likelihood of workplace sexual harassment by putting up guardrails to regulate workplace romantic and sexual relationships.

How to write a data-collection policy

09/23/2024

We already know we participate in a surveillance economy. It may be worse than you think. Payroll collects a lot of data from employees and is being asked to do a lot more with it. Maybe it’s time for a data-collection policy.

Protect DEI initiatives from employee tattling

09/20/2024

You may believe that your diversity, equity and inclusion practices comply with state and federal law and remain committed to building a more representative and therefore productive workforce. But you also know that the last 18 months have seen an increase in lawsuits challenging DEI programs as illegal discrimination.

How many more chances after last-chance agreement?

09/12/2024

In Moore v. Coca-Cola Bottling Co., the appeals court held that an employee’s last-chance agreement, signed after the employee tested positive for marijuana, did not bar his subsequent discrimination lawsuit when terminated after yet another positive test.

OSHA heat-safety rule published, comments due Dec. 30

09/12/2024

The nation’s first-ever heat health-and-safety rule was published Aug. 30 in the Federal Register, which sets the clock ticking on implementation sometime in 2025.

Rules mean nothing without enforcement

08/22/2024

Rules that aren’t enforced may get you in bigger legal trouble than none at all because a jury can point to your rules as evidence you knew your legal obligations but chose to ignore them.