Tag: retaliation

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

Male-Male Sexual Harassment Claims on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]

Office Romance: Do You Need a Workplace Dating Policy?

by Anna A. Cohen As the holiday season and the new year approach, many people are either looking for love or ending relationships. Many relationships begin and end in the workplace. A recent survey revealed that almost half of employees have been involved in an office romance, and 20 percent admit to having met their […]

Responding to Employees’ Personal Social Networking

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]