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Employment Law

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

ADA: Always at least consider employee’s preferred accommodation

10/18/2017
Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

No boss comments on language skills, hearing

10/18/2017
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Rutledge nominated to head DOL branch that regulates benefits

10/17/2017
President Trump has nominated Preston Rutledge to run the Department of Labor’s Employee Benefits Security Administration, a position that carries the title of “assistant secretary of labor.”

Poll: Who’s looking out for the men at work?

10/17/2017
A new survey by the Ernst & Young consulting firm found that 32% of men in general feel excluded in the workplace.

Snapshot: More women than men consider gender bias in tech a problem

10/17/2017
Women are substantially more likely than men to say gender discrimination is a major problem in the technology industry.

Staffing agency can’t step in to protect employee’s civil rights

10/17/2017
When it comes to Title VII discrimination, an employer can’t sue another organization on an employee’s behalf. That’s up to either the individual worker or a government agency like the EEOC, which has standing to pursue such cases for workers.

After Minnesota Supreme Court ruling, new rules for whistleblowers

10/16/2017
A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.

Be alert for positive drug test results caused by meds used to treat disabilities

10/16/2017
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.