Month: September 2016

Can one unionized worker sue another?

by Stéphane Fillion and Romeo Aguilar Perez It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer. But what if a dispute […]

New EEOC guidance should remind employers to guard against retaliation

No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

‘No good deed’ for Microsoft, others in the high-tech sector

by Leslie E. Silverman There is a common refrain uttered by management lawyers, “No good deed goes unpunished.” Yes, it is cynical, but as employers in the high-tech sector are beginning to discover, it is often true. Currently, Microsoft is dealing with issues as a result of well-intended diversity and corporate social responsibility efforts.  Social […]

EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law […]

ADA defense: Disabled worker poses direct threat to health or safety

by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]

Privacy vs. practicality: when expectations collide

by Jo Ellen Whitney Plenty of reporters, commentators, and the twitterverse have all made statements that Hillary Clinton is way too invested in her personal privacy, citing various examples, including most recently her health.  As you will remember, former Secretary Clinton was escorted from the New York 9/11 memorial service appearing ill and there was […]

Onboarding Millennials and Generation Zs

Millennials will soon make up the majority of the workforce, and Generation Z (Gen Z) is right behind them. What types of challenges are employers facing when it comes to engaging Millennial and Gen Z new hires in the onboarding process? We have a few tips for optimizing your process for these new hires.

California Leads the Way on Paid Family Leave

It may not be a huge surprise for California HR professionals, but recent research from the Society for Human Resource Management (SHRM) shows that employers in California are ahead of the national average when it comes to paid family leave policies. Much of this trend is driven by state and local laws.

Apple Gets Bitten by Contract Interference Lawsuit

By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP One of the largest tech companies in the world, Apple, Inc., recently bit off more than it could chew when it allegedly convinced an employer to terminate an employee in retaliation for his resistance to Apple’s allegedly illegal anticompetitive conduct. Read the details of this California […]