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Employment Law

Leave medical history out of hiring and firing decisions

Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Conduct audit to assess balanced workplace

Discrimination lawsuits can pop up from out of nowhere. That leaves HR scrambling to prove there has been no inadvertent discrimination. Prepare to do better.

Judge: Florida’s ‘anti-woke’ law can’t limit DEI training

A federal judge has blocked Florida from enforcing part of a new state law that aimed to limit workplace anti-discrimination training.

Swearing at work: When is it considered harassment?

According to one survey, 57% of American employees admit to swearing at work. But where is the line between swearing as harmless workplace banter and swearing as harmful, unlawful harassment?

Employee sleepwalks into co-worker’s hotel room: Do you terminate or accommodate?

Here’s one they probably didn’t teach you in HR school…

Be wary of bias against childless employees

The percentage of Americans who are childless by choice is growing—and that could soon trigger more resentment and legal issues in your workplace.

Beware removing effective disability accommodations

Many ADA accommodations are cheap, effective and easy to implement. If one of these simple accommodations seems to be working, think twice before withdrawing it unless you have a rock-solid business reason for doing so.

Periodically monitor remote workplaces

If you have scattered workplaces, be sure to regularly check to make sure they’re not hotspots for problems like sexual or racial harassment. This is especially true for sites that may still embrace a “boys will be boys” attitude—and where front-line supervisors may turn a blind eye to unacceptable and illegal behavior.

They didn’t seriously argue that, did they? Only male cops get weekends off?

A federal appeals court has upheld a policy that looks like blatant sex discrimination.

FLSA, religious bias cases on docket this fall

The U.S. Supreme Court returns for its new term in October and already has scheduled two cases affecting employers. One will address whether employers can ever pay a daily rate to an employee classified as exempt. The other will clarify whether an employer’s religious views can exempt it from state and federal nondiscrimination laws.