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Employee Relations

Deflecting Cupid’s arrow in an environment shaped by #MeToo

01/01/2014
With Valentine’s Day on the way, now is an excellent time to reexamine sexual harassment policies.

ADA: Essential Functions

12/31/2013

HR Law 101: An employer needn’t hire a disabled person if he or she lacks the requisite skills, experience and education for the job in question. But if the deciding factor is the disability, you must prove that the condition interferes with what the ADA terms the “essential functions” of the job …

Use formal hiring and promotion process to protect against discrimination suits

12/18/2013
Job-seekers who know how to apply for open positions can’t claim discrimination unless they can also show they followed the process. At the same time, a standard process lets employers track applications and easily show a judge why someone didn’t get the job she sought.

Chronic complainer? Ignore her at your peril

12/18/2013
Handle every complaint the same way, no matter the source. Don’t fail to investigate just because an employee has cried wolf in the past.

OK to discipline worker who has complained, but be sure you can justify your decision

12/17/2013
Courts don’t want to tie management’s hands; they just want to protect employees from genuine retaliation. That’s why the standard for retaliation is anything that would dissuade a reasonable worker from complaining in the first place. Most minor discipline doesn’t reach that level.

Union president in Longview sentenced for embezzlement

12/16/2013
A federal judge has sentenced the former president of GMP Allied Workers Local 284 to 12 months and one day in prison after he pleaded guilty to embezzlement charges. The union official admitted taking $124,181 from the Longview-based local between 2000 and 2011.

Fired for 1st violation? Better explain why

12/13/2013
There’s a first time for everything—including firing someone for violating a rule. But that may spell trouble if other employees weren’t punished for breaking the same rule.

Accommodation failing? Focus on performance

12/13/2013
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?

Same misconduct warrants same punishment

12/13/2013
You might assume that firing an employee for breaking a safety rule would be “safe” from judicial criticism. But if you don’t punish all workers equally for violating the same rule, you may run into trouble if the employee can show that others outside his protected class weren’t punished as severely.

The smart team leader’s code of conduct

12/12/2013
Christine Comaford, author of the new book SmartTribes, says good team leaders can become great team leaders by following this code of conduct: