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Alabama

First shots fired in DOL’s summer child-labor blitz

06/10/2024

Earlier this month, we predicted the U.S. Department of Labor would step up prosecutions of alleged child-labor violations this summer. The litigation has already begun. The DOL announced May 30 that it is suing automaker Hyundai and two of its suppliers for employing children on an assembly line in Alabama.

Courts entertain First Amendment claims defending DEI

04/29/2024

Since the U.S. Supreme Court struck down affirmative action in college admissions last year, legislators in 30 states have introduced bills seeking to ban or limit employer-sponsored diversity, equity and inclusion programs. But two recent cases show that employers are fighting back by asserting their First Amendment right to free expression.

Discipline consistently, equitably to avoid discrimination liability

04/15/2024

Every employee who breaks the same rule should receive the same level of discipline. Absent some solid, fact-based reason, treating some employees more leniently than others is practically begging to be sued for discrimination. That’s especially true if a manager treats members of a particular protected class more harshly or more favorably than employees who belong to different protected classes.

Access to Personnel Files: 50 State Laws

02/16/2024

No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.

Use blind résumé screening process to reduce liability for discrimination in hiring

12/20/2023

Every applicant you ever rejected could decide to sue for some form of discrimination. Make that less likely by using a blind screening process to sort through applications and résumés.

Keep it Legal: Train managers on military service

02/17/2023

Employees who are current or past military members are protected from discrimination based on their past, present or future service under the Uniformed Services Employment and Reemployment Rights Act. Including information on USERRA in management and supervisor training is essential.

Decided to terminate? Don’t wait to act

02/13/2023

Once you have made the decision to fire a worker, try to carry out the firing promptly. Delaying can backfire. If you must wait, write a memo memorializing when and why you made the discharge decision. That documentation can help you later if the terminated worker files a lawsuit.

How to manage pregnancy-related accommodations

01/18/2023

With the recent passage of the Pregnant Workers Fairness Act, all pregnant women are now entitled to reasonable accommodations for pregnancy-related complications. A recent case decided before the PWFA became law offers tips on how to handle pregnancy-related accommodation requests.

Court revives claim of HR manager

12/15/2022

A week after an HR manager testified in a lawsuit against a former employer, she was fired. The HR manager then sued the employer who fired her for unlawful retaliation, a violation of Title VII.

Consider accommodation request as illness

10/06/2022

Here’s a warning to share with managers and supervisors. An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.