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Policies / Handbooks

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024
Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

DEI under fire: Employers find legal ways to diversify

07/29/2024
A year after Students for Fair Admissions, which decided that affirmative action in college admissions violated anti-discrimination laws, some employers are finding novel ways to diversify their workforces without resorting to specific hiring and promotion goals. Here are some promising approaches.

Are RTO mandates just layoffs in disguise?

07/29/2024
More than a third of managers and senior leaders believe their organizations laid off workers because return-to-office mandates failed to make more employees quit, according to a new survey by Bamboo HR. They’re probably right.

Let’s talk politics (or not): Regulating political expression at work

07/29/2024
The run-up to a national or local election can spark heated debate around the watercooler. That can cause distractions, disputes—and, in some cases, lawsuits. You have the legal right to control employees’ activities on the job. That includes putting a stop to political activism or political solicitations at work.

Natty dread: Avoid grooming rules that ban religious hairstyles

07/19/2024
Last year’s blockbuster Supreme Court opinion in Groff v. DeJoy required employers to accommodate almost all religious accommodations requested by employees. However, it’s clear that many employers haven’t yet revamped their policies in light of the ruling—and that’s triggering a flurry of EEOC complaints and religious-discrimination lawsuits.

Prepare to pay up if you insist on English fluency or prohibit other languages on the job

07/15/2024
While English is the dominant U.S. language, it certainly isn’t the only one spoken in our multicultural society. In fact, employers that insist on English fluency or prohibit speaking another language at work may find themselves running afoul of Title VII of the Civil Rights Act and other employment laws, as one employer recently discovered.

Rebrand DEI to attract applicants (and avoid lawsuits)

06/10/2024
Employers have begun reassessing their DEI programs—and sometimes abandoning them. However, many employers have responded by revamping and rebranding their DEI programs.

Court: Your policy can require employees to keep ‘spy cams’ turned on

05/28/2024
A federal court has upheld an employer’s handbook rule requiring full-time camera monitoring of employees. The ruling is a victory for employers who want to track the behavior of employees they can’t directly observe.

‘This is a business’: Google CEO fired back and fired protesting employees

05/08/2024
Employees have the right to think whatever they want to think and hold whatever opinions they want to hold. But when employees act on those opinions in a way that disrupts their workplace and their employer’s business, they’ve crossed the line and should be held accountable … not for their beliefs, but for their actions.

CROWN Act alert: Ensure grooming rules don’t perpetuate hairstyle bias

05/03/2024
One of the fastest-growing legal anti-discrimination trends is an effort to outlaw discrimination on the basis of employees’ hairstyles. So far, efforts to pass a national law have proven unsuccessful. However, that hasn’t stopped the EEOC from pursuing litigation against employers accused of natural hair discrimination, as a recent case shows.