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Firing

Georgia Not Likely to Ban Sexual-Orientation Discrimination

11/01/2006

It seems safe to conclude that Georgia employers won’t have to worry anytime soon about a state ban on sexual-orientation discrimination in the workplace …

Isolated comments on accent not enough to prove bias

11/01/2006

No doubt, your managers and supervisors know not to ridicule someone’s accent or way of speaking. But what if an employee’s communication skills suffer on account of his other accent? Are you prohibited from mentioning that accent and recommending remedial help to better communications?

Discrimination lawsuit by lesbian nurse fails in court

11/01/2006

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

You can fire managers who ignore harassment complaints

11/01/2006

The best harassment policy in the world isn’t worth the paper it’s written on if employees don’t take it seriously. To show your policy has teeth, you have to let it bite …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

‘Suspicion’ not enough to win discrimination suit

10/01/2006

Employees need more than a hunch that their employer discriminates based on age. They need some kind of proof …

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…