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Employment Law

What not to say to older workers: ‘You’re overqualified!’ ‘When are you going to retire?’

Even as the baby boom generation ages, many older workers are finding they must delay retirement because they can’t afford to quit working. That should raise red flags for employers. Boomers have a powerful federal law on their side—the Age Discrimination in Employment Act, which makes it illegal to discriminate against employees and applicants over age 40 because of their age.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.

Train employees on ‘bystander’ responsibilities to report harassment

In 2016, the EEOC released a report that said reducing sexual harassment at work often depends on co-workers being willing to report misbehavior when they witness it. Since then, it has been largely up to employers to define policies for so-called bystander reporting. Here’s how to structure bystander training that prevents sexual harassment instead of merely reporting it after the fact.

Dropping degree requirement? It could trigger discrimination lawsuits

Today’s competitive recruiting environment has employers rethinking their hiring criteria. Many have decided to scrap requirements that say applicants must have college degrees to even be considered for a job. But as with many things in life, there may be unintended consequences. One is a potential increase in lawsuits that allege bias in the hiring process.

ADA accommodations depend on accurate job descriptions

An up-to-date job description is essential for making ADA accommodation decisions.

OK to require training that may violate some religious beliefs

Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

Post-pandemic, enforcement agencies step up oversight of hospitality and leisure industries

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Understand your obligation to accommodate disabilities arising from long COVID

With the national COVID-19 pandemic emergency set to expire on May 11, it’s tempting to put the coronavirus crisis behind us. Unfortunately, it won’t be easy. That’s because millions of American workers may be disabled in the aftermath of one or more bouts with COVID-19 and its variants, suffering from post-COVID conditions commonly called long COVID.

Warn supervisors against screening applicants by national origin

This seems obvious, but apparently it needs restating: Managers and supervisors should never consider where an applicant was born when making hiring decisions. Two recent cases illustrate the peril.

Check for possible retaliation before approving discipline

Before approving a termination, always review the case details. Be on the lookout for signs that the action might be motivated by a supervisor’s attempt to retaliate against the employee.