Practical HR Tips, News & Advice. Updated Daily.
Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]
Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had asked to work remotely because of the pandemic. Facts Ronisha Moncrief was a health, safety, and […]
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because […]
A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]
Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to rethink their position. Exemptions may be available, however, to those who can demonstrate a medical condition or sincerely held religious belief barring them […]
Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court of appeals recently ruled a Harrah’s Casino employee can go to trial on her claims […]
The Iowa Supreme Court recently issued important decisions about the state’s private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers. Read on to learn more about the consequential case. Facts Four employees in safety-sensitive positions at a Casey’s General Stores distribution warehouse lost their jobs after random […]
Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn’t illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Washington employers). Facts William Maner worked in a medical research laboratory operated by Dignity Health […]
Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs and runs a nursing facility in Cleveland, Ohio. It provides respite, short-term, long-term, and hospice […]
A recent decision from the U.S. District Court for the Western District of Michigan illustrates how important it is to treat similarly situated employees similarly.