Employment Law

Can we put worker’s photo & info on our website?

11/29/2012

Q. On our company website, we post employees’ pictures and a brief overview of their education and professional background. Recently, an employee asked us to remove her information for security reasons. She fears someone may google her name and find out where she works and the area she lives. Thoughts?

Supremes hear arguments: For Title VII, who’s a supervisor?

11/27/2012

No matter which way the Court rules in Vance v. Ball State, it will have a major impact on Title VII litigation. The floodgates could spring open, inviting more employee lawsuits. But a decision in Ball State’s favor would be a huge win for employers.

Does your workplace have a ‘macho’ culture?

11/27/2012

Some managers still don’t understand why dads need—or are legally entitled to—bonding time with their newborns. Make sure your supervisors understand that it’s unlawful to retaliate against men who take such FMLA leave to care for their children or parents.

Supreme Court: Vance case revisits supervisor liability under Title VII

11/26/2012

The Supreme Court tackles a contentious issue: When it comes to harassment and discrimination, just what does “supervisor” mean? Regardless of how the Court rules, employers must ensure that their policies and practices are consistent with Title VII.

It’s your call: Allowing intermittent FMLA leave after birth is up to employer

11/26/2012

The DOL’s FMLA rules clearly say, “An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees.” Whatever you decide, put it in writing and be consistent.

Obama’s second term: What it means for HR

11/21/2012

Now that the Obama administration is unshackled from an upcoming election, expect it to push hard for changes in workplace law that it failed to achieve in the first term. What does this mean for employment law? Here’s an outlook:

EEOC: 2012 job bias complaints remained near record high

11/20/2012

America’s economic struggles continued to fuel the job discrimination fire in 2012. Employees filed 99,412 charges of job discrimination with the EEOC in fiscal year 2012, only slightly fewer than in 2011. Get the latest stats and learn 10 steps for responding to an EEOC complaint.

Sick-day details on company calendar: Too risky?

11/20/2012

Disclosing on a company calendar that an employee is out because of sickness or FMLA leave is problematic. An employer should never disclose that absences are due to medical or health reasons. You must maintain the confidentiality of such information.

Fire if necessary: Complaining about bias doesn’t earn free pass to terrorize co-workers

11/19/2012

Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.

Contractor or employee? 5 steps to keep you out of harm’s way