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Alabama

Replace supervisor to prevent retaliation

10/06/2022

You can stop a harassment case from escalating into a retaliation lawsuit with one simple tactic. Replace the supervisor who allegedly harassed the complaining subordinate and don’t let him or her know anything about the prior complaint.

Conduct audit to assess balanced workplace

09/01/2022

Discrimination lawsuits can pop up from out of nowhere. That leaves HR scrambling to prove there has been no inadvertent discrimination. Prepare to do better.

Offer paid suspension while you investigate allegations

12/16/2021

When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

Griping about low pay isn’t always protected activity

12/09/2021

Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

Be sure to track who you didn’t hire, too

12/09/2021

If the same person who made a hiring decision, knowing the candidate belonged to a protected class, also makes the firing decision, it’s almost impossible for the former employee to sue and argue she was terminated because of discrimination. But to succeed in court, you must be able to describe the applicants you did not hire.

Injury? Offer FMLA, not just workers’ comp

04/22/2021

The workers’ compensation system typically covers workplace injuries, but the FMLA may also apply. If someone is hurt at work, be prepared to notify the employee of her FMLA rights.

No matter how small, you’re probably covered by FLSA

04/01/2021

The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.

Persistence pays off when accommodating disabilities

10/01/2020

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Bostock covers transgender restroom choice

08/20/2020

Bostock v. Clayton County held for the first time that Title VII of the Civil Rights Act prohibits employers from discriminating against employees because of their sexual orientation and transgender status. However, the ruling left uncertain exactly how far the protection goes.

Always review supervisors’ firing recommendations

06/04/2020

HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.