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Alaska

Boss’ comments direct evidence of bias

03/29/2017
If you learn that a supervisor who wants to fire an employee has made sexist comments about her, think twice about that termination.

No ADA violation if worker cannot perform the job

02/27/2017
It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Take–and retain–detailed notes during interviews

02/27/2017
Make absolutely certain that you retain copies of all interview questions and notes. You may need them to prove how you made hiring decisions.

Heard allegations of racial harassment? You must take steps to stop it

02/27/2017
Employers face liability if they spot racial harassment at work and don’t take reasonable steps to stop it. Don’t assume the problem will go away on its own—or that workers who experience harassment will indefinitely tolerate a hostile environment.

Carefully track exactly who applies for jobs

01/30/2017

If you advertise job openings and someone does not apply, they’re going to have a hard time proving that you discriminated against them.

Job–not job description–counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.

Is that harassment, or just obnoxious bullying?

12/22/2016
Not every unpleasant workplace incident is grounds for a lawsuit.

A kiss is not just a kiss when it’s from the boss, and women don’t have to tolerate it

12/22/2016
Female employees don’t have to put up with workplace behavior that makes them uncomfortable under the pretense of a supervisor being friendly and welcoming.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016
The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Free speech includes speech that is unpopular

09/26/2016
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.