Tag: diversity

‘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 […]

A story with legs: Fox News’ $20 million settlement provides warnings for employers

by Mark I. Schickman Fox News understands the life of a news story. It knew that former anchor Gretchen Carlson’s claims of sexual harassment against its former CEO and chairman Roger Ailes would draw headlines for months, as would the ultimate resolution of the claims. In news parlance, Carlson’s claims had “legs.” So, too, would […]

Don’t leave older workers out of retention plans

Employers nowadays may feel bombarded with advice on how to retain millennial employees. Those younger workers have the reputation of moving from job to job, so employers wanting to get the most from the investment they make in their youngest employees put a lot of energy into encouraging them to stay. But what about older […]

Don’t let Confederate flags lead to interoffice civil war

by Connor Beatty While enjoying a scenic drive along the Maine coast recently, I was startled to come across a giant Confederate flag prominently displayed in a house’s front yard. Less than a week later, a client contacted our firm to ask for advice in responding to an employee’s claim that a vehicle with a […]

Premier teamwork: Soccer champs’ victory offers lessons for HR pros

by Peter Lowe They were a rag-tag group of has-beens, rejects, and journeymen. They were hired at low wages and with even lower expectations. A recently fired 64-year-old Italian was hired to manage them. They enjoyed a 138-year history, yet no history of success. The odds of the team winning the championship were 5,000 to […]

Preventing discrimination against Muslim and Middle Eastern workers

by Anna C. Lukeman In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are or are perceived to be either Muslim or Middle Eastern.   In her statement to address this […]

Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Many employers require employees to […]

‘Man up’: Sex discrimination claim goes to trial based on supervisor’s comments

by Stephen W. Jones The 8th Circuit recently reversed an Arkansas federal district court’s decision to dismiss a store manager’s sex discrimination claims. The appellate court indicated that a trial must be held to determine whether a district manager who allegedly made certain sexist comments to the store manager was a decision maker and, if […]