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The courage of our convictions

by Dan Oswald “Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company.” —George Washington It was suggested to me recently that there are times when you must work for someone you don’t like or trust. My initial response was a blank […]

Can Denying a Raise Be Retaliation under the ADA?

An example of a potential ADA violation would be an employee who is being treated for post-traumatic stress disorder (PTSD) resulting from incest who requests reasonable accommodation. Her supervisor then tells the employee’s co-workers about her medical condition. The employee tells the supervisor she intends to complain to HR about his unlawful disclosure of confidential […]

‘Only Women Can Be True Victims of Domestic Violence’ (Your Manager?)

DOL’s  recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]

When Are Employers Obligated to Pay for Training Time?

One potentially confusing area for employers is determining under which circumstances employee training time must be paid. Is all employee training time considered hours worked? Hi. I’m Susan Prince, a Legal Editor at HR.BLR.com. We recently received an Ask the Expert question from a subscriber asking “Do we have to pay an employee for an […]

Getting a handle on emotional intelligence can smooth the way for a diverse workplace

by Tammy Binford Proponents of a diverse workforce understand that an employee group made up of all ages, races, and cultural backgrounds has a lot to offer. In spite of the advantages of diversity, though, employees’ differences can lead to a lack of understanding that holds everybody back. But is there a secret to capitalizing […]

When is it OK to stereotype?

by Mark Schickman We are a country that is properly committed to judging people based on their individual qualifications and not stereotypes about their groups―race, gender, age, or ethnicity. One seldom sees articles suggesting that any one category makes a better executive than another. The one exception is the never-ending stream of articles that say […]

Defense of wage discrimination claims for the present and beyond

by Jason R. Mau Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to […]

EEOC has a banner year

by Edward Sisson The Equal Employment Opportunity Commission (EEOC) was very busy in fiscal year (FY) 2012. The agency reported that it finished the year with record-high monetary recoveries for victims of discrimination. Historic monetary recoveries The EEOC issued its first Performance and Accountability Report compiled under the standards of its new Strategic Plan, which […]

Even more mysteries of mitigation

By Michel Bellemare Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where […]

Complaint on DOT Debit Card Program Could Affect Future QTFB Guidance, Part 1

A private company that provides paper transit vouchers to parts of the federal government for use in its qualified transportation fringe benefits has claimed that the U.S. Department of Transportation is implementing an electronic payment system that does not comply with IRS guidelines in a program that is intended to replace paper transit fare vouchers […]