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Employment Law

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

ADA: Consider new schedule before leave

12/02/2021
Under the ADA, disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Generally, employers get to choose the accommodation they prefer. But to survive a lawsuit, that accommodation better permit them to actually work if at all possible.

NLRB orders union election do-over at Amazon facility

12/02/2021
Workers at an Amazon warehouse in Alabama will have another chance to vote on union representation after a National Labor Relations Board official ruled the online retailer interfered with an election held last spring.

Bill would restrict arbitration confidentiality

12/02/2021
A rising chorus of employee advocates, many speaking for victims of sexual harassment, want to make it illegal to require confidentiality when workers agree to settle workplace disputes through arbitration. Congress is listening.

Ensure policy says you don’t condone transgender bias

11/29/2021
In 2020, the U.S. Supreme Court said discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination. Make sure your policies reflect that ruling. One federal court has concluded that not having a revised policy amounts to having an unofficial pro-discrimination policy.

No need to tell employee why she was fired

11/29/2021
When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.

EEOC clarifies what’s pandemic retaliation

11/29/2021
The EEOC has updated its retaliation guidance for the coronavirus pandemic age, releasing a new technical assistance document explaining how to balance employee anti-retaliation rights under the ADA, Title VII and other laws against an employer’s need to enforce covid health and safety protocols.

Hold it! Don’t prevent extra bathroom breaks

11/22/2021
Alert managers that some medical conditions do require more frequent visits to the restroom.

A $1.4 million lesson: Misclassifying workers can lead to personal liability

11/18/2021
Making the employee-or-independent-contractor decision should always be a well-researched and documented choice. One main reason: While most lawsuits claiming misclassification of independent contractors are brought against corporate entities, many federal and state laws also allow workers to sue company execs directly for personal liability in such cases.

100%-healed policy may be automatic ADA violation

11/18/2021
When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.