• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Appeals courts split on Title VII sexual orientation discrimination

05/10/2017
The 2nd and 7th Circuits have recently issued conflicting rulings, with the 2nd Circuit holding that sexual orientation discrimination is not sex discrimination within the meaning of Title VII, and the 7th Circuit holding the opposite.

ADA retaliation claim doesn’t require actual disability

05/10/2017
Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

Be careful after employee wins lawsuit, but don’t be afraid of warranted discipline

05/10/2017
When an employee has won a lawsuit against her employer, managers naturally want to make sure they don’t do anything that might smack of possible retaliation. On the other hand, managers shouldn’t feel as if the employee is now “untouchable.”

Termination likely? Follow all the steps in your usual HR processes anyway

05/10/2017
Sometimes it’s obvious that you are going to have to fire an employee. First, however, you must follow your usual employment and HR procedures. Don’t just go through the motions, and don’t get sloppy!

Employee doesn’t have to follow every step in your harassment complaint procedure

05/10/2017
Don’t think setting up a multiple-path complaint process lets you off the hook. Even if an employee neglects to take her complaint “up the organization chart,” you are still responsible for stopping harassment that you find out about.

Feel free to set tough harassment standards

05/10/2017
When it comes to responding to sexual harassment, courts give employers considerable leeway. That doesn’t mean you can’t set extremely strict rules on your own.

When employees sue you, resist temptation to sue them, too

05/10/2017
“Can’t we sue them for this?” That’s the sentiment many employers express after being on the receiving end of a lawsuit that they think is based on untrue facts. Although it is never satisfying to be told “that wouldn’t be a good idea,” this is generally the right answer for various reasons.

Employees’ union urges Acosta to reduce DOL contracting

05/09/2017
Local 12 of the American Federation of Government Employees, the union representing 3,000 Department of Labor employees, wants new Labor Secretary Alex Acosta to reduce the DOL’s reliance on contractors.

Likely DOJ civil rights head is veteran employer-side attorney

05/09/2017
Attorney General Jeff Sessions has recommended that the White House appoint Eric S. Dreiband to run the Department of Justice’s Civil Rights Division.

EEOC sues printer that tried to play doctor

05/09/2017
The symptoms sound ominous: A Minnesota employer faces a lawsuit alleging it violated the ADA. The likely diagnosis: A manager veered way outside his lane, attempting to play doctor.