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Arizona

Your good disciplinary records will almost always beat employee’s retaliation claim

01/02/2018

If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.

Employee’s suspicion can’t beat your solid evidence

01/02/2018

Smart employers always make employment decisions based on solid, business-related reasons. Then they document the decision-making process.

Enforce rules fairly and even-handedly, document any differences in discipline

01/02/2018

Good employers discipline everyone who violates work rules, without regard for protected characteristics. That may seem obvious, but sometimes supervisors get sloppy and decide that a particular employee should be punished for a violation another employee got away with.

Act immediately to remove sexually offensive graffiti and material from the workplace

01/02/2018

Sexually offensive material appears all too often in some workplaces. When that happens, get rid of it! Immediately! That way, there is less chance that someone will later be able to successfully allege that the graffiti or scribblings created a hostile work environment.

Be ready to show you hired the best candidate

01/02/2018

Unsuccessful applicants often believe they didn’t get hired because of some form of discrimination. You had better be ready to show that the person you hired was clearly better qualified. If you can do that, chances are a discrimination lawsuit will be tossed out fast.

Yes, coming to work is an essential function

01/02/2018

Under the California Fair Employment and Housing Act, workers with disabilities are entitled to reasonable accommodations. But once their employers have accommodated them, they still need to meet the essential functions of their jobs.

Carefully document sudden performance slide

10/11/2017
Sometimes an excellent employee who has received great reviews and consistent raises exhibits a sudden performance decline. When that happens, be sure to carefully document the changes in his or her work.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

9th Circuit: No free lawyer the second time around

10/03/2017
Courts generally bend over backwards to help plaintiffs who can’t afford an attorney when they try to represent themselves. However, once the case is over, that’s generally it.

Note business reason for demotion to prove it wasn’t discrimination or retaliation

10/03/2017
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.