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Arizona

Note all details that led up to discipline

02/01/2019
Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.

When it comes to discipline, details matter

01/16/2019
Smart employers are ready to counter charges of discrimination with details about the underlying reasons for discipline.

Fair treatment is your best defense against bias claims

01/11/2019
Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

Nuances of the ADA: 9th Circuit rules on definition of ‘regarded as disabled’

01/11/2019
The federal appeals court with jurisdiction over California employers has ruled that a worker doesn’t have to prove his employer believed he was substantially impaired in order to sue under the ADA if the employer discriminated against him by regarding him as disabled.

Take care when disciplining whistleblowers

01/10/2019
An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

You must prove OSHA compliance is impossible

11/27/2018
The federal Occupational Safety and Health Administration has the power to fine employers that don’t follow workplace safety rules. However, if an employer can show that providing safety measures would be impossible, compliance would not be required.

When slur was an isolated incident, discipline, warn not to repeat—and move on

10/31/2018
Sometimes people—including supervisors—say or do stupid and offensive things. But an employer doesn’t always have to terminate the offending employee.

Discrimination lawsuit defense: Show boss didn’t know of protected status

10/31/2018
One defense to discrimination claims is that the alleged discriminator didn’t know what protected class the employee hails from, and therefore couldn’t discriminate based on that characteristic.

Risky assumptions: 9th Circuit adds clarity to ADA’s ‘regarded as disabled’ definition

10/31/2018
When the ADA was amended in 2008, Congress changed the definition tied to discrimination based on an employer’s presumption that a worker is disabled. Now the 9th Circuit has clarified what Congress meant.

Document each step of the RIF process

10/31/2018
Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.