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Employment Law

Texas suit challenges EEOC background check rules

08/01/2019
The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

McDonald’s strict grooming policy riles EEOC

08/01/2019
McDonald’s—the restaurant that pumps out carbon-copy burgers and unfailingly flawless fries—has found the limits of its exacting standards. People, it appears, cannot be packaged nearly so precisely.

How rigid can our dress code be about imposing grooming standards?

07/30/2019
Q. Can we require male employees to keep their hair short? Also, can we require male employees to shave their beards?

Tort claims possible over outrageous conduct

07/30/2019
It’s rarely a good idea for bosses to impose their beliefs on subordinates.

Work with IT to capture agreement to arbitrate

07/30/2019
Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Retaliation claim can live on long after original harassment claim is resolved

07/30/2019
Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.

Your best legal defense: Treat all employees fairly and equitably

07/30/2019
Employers that always treat employees equally rarely lose discrimination lawsuits. That’s why HR departments should scrutinize every employment decision—hirings, promotions, demotions, firings, training assignments and so forth.

‘Ministerial exception’ may not cover schools

07/30/2019
Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.

OK to punish insulting language in complaint

07/30/2019
HR specialists and managers know they can’t punish a worker for complaining about discrimination or many other internal complaints, including whistleblowing. But that doesn’t mean your hands are tied when the complaint itself is delivered in an outrageous way.

Anti-harassment policies evolving after #MeToo

07/30/2019
In a survey, 51% of companies reported reviewing their sexual harassment policies since the #MeToo movement emerged as a cultural and business force in the fall of 2017.