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Can You Fire A Policy Violator Who’s Out on CFRA Leave?

The California Supreme Court issued a recent decision on whether courts may vacate (toss out) an arbitration award in which the arbitrator applied the “honest belief” defense to uphold the employer’s termination of an employee for engaging in outside employment in violation of company policy while on an approved leave of absence under the California […]

Duty to accommodate doesn’t require exempting employee from essential duties

by Andrew Bratt and Megan Rolland Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context […]

Staying on solid legal ground when seeking brain diversity in the workforce

The benefits of diversity in the workplace are nearly universally touted. Human resources professionals are eager to assemble teams representing a variety of races, ethnicities, genders, and ages. But now another kind of diversity is gaining recruiters’ attention: brain diversity.  A December 2014 article on the Fortune website reports that companies are beginning to seek […]

The business case for diversity

by Kimberly Williams Recently, my employer, Baystate Health, organized a regional Diversity and Inclusion Conference. While promoting the event on social media, I shared a video clip of one of the conference presenters who was making the “business case” for diversity. One of my Facebook friends asked, “Why are we still making a business case […]

Interrupting gender bias: Fire away!

by Michael P. Maslanka I am honored to be a Bedford mentor at the University of North Texas School of Law in Dallas. Mentors divide into numerous small groups with students, and each group reads a different book on a matter of public interest. Our book is Knowing Your Value: Women, Money, and Getting What […]

Are you obligated to notify employees of coworker out on leave with contagious illness?

by H. Mark Adams Q An employee recently came to HR and said she has meningitis. She is now out on leave. What is our obligation—if any—to notify other employees?  A As someone who has survived meningitis during my professional career, I have more than passing knowledge about this subject. It’s highly unlikely that any […]

‘Microaggression’: a new form of discrimination?

by Ryann E. Ricchio Discussions about “microaggression” have become more common in the mainstream media. A simple Google search reveals college websites documenting students’ recently experienced microaggressions and articles analyzing microaggression from major media sources, including National Public Radio and the New York Times. This article provides the definition of microaggression, examines a recent case […]

Testing Do's and Don’ts for the Hiring Process

Not to alarm you, but don’t take choosing a personality test lightly when hiring. There are many services that boast a quick and easy way to profile a job candidate with personality testing. However, taking these shortcuts can result in bad hires that have a negative impact on your bottom line and won’t benefit you […]

Sixth Circuit Overturns $2.8M ERISA Award for Unjust Enrichment

Simply paying an aggrieved plan participant for unpaid benefits due was enough to make him whole under ERISA, so no further money damages were warranted as a form of equitable relief, a federal appeals court has ruled. With this conclusion, a majority of the full en banc 6th U.S. Circuit Court of Appeals overturned an earlier ruling […]