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Employment Law

Employer lessons from 2024’s worst employee lawsuits

01/03/2025
It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.

Expect to pay for ignoring persistent sexual harassment

12/23/2024
Ignoring an employee’s complaints that she was subject to ongoing sexual harassment just cost an employer more than $2 million. The EEOC sued on the employee’s behalf and won the largest damages award it has ever obtained in the Northern District of Texas, among the most conservative federal courts in the nation.

Beware requiring employee to seek counseling, which could trigger an ADA lawsuit

12/20/2024
Last summer, the U.S. Supreme Court made it easier for employees to claim discrimination even if their employer’s actions didn’t substantially harm them. Now, the same reasoning from Supreme Court’s Muldrow v. St. Louis decision is being applied to the ADA.

Avoid ‘overqualified’ label, often just another way to say ‘too old’

12/20/2024
Warn hiring managers to refrain from calling job candidates “overqualified.” It’s a legally explosive term that’s often construed as a polite way to call someone too old. At the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes.

Embrace HR’s role in preventing insider security threats

12/18/2024
Cybersecurity isn’t just about protecting your organization from external hackers or phishing scams; it’s also about safeguarding it from internal threats. HR professionals hold the key to tackling cybersecurity challenges head-on. Here’s how.

Court: Process for removing NLRB judges is unconstitutional

12/16/2024
A federal judge on Dec. 11 struck down National Labor Relations Board rules that prevent the agency’s administrative law judges from being fired at will.

Senate denies McFerran’s renomination as NLRB chair, blocks bid for Democratic control through 2026

12/16/2024
Under Republican control, the NLRB will likely move quickly to reverse several major pro-union and pro-employee rulings issued since 2021.

Win lawsuits by documenting consistent, equitable interview process

12/16/2024
When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

Legacy of pay discrimination just cost this employer $43 million

12/16/2024
The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

A cautionary tale: Lessons from a recent retaliation case

12/11/2024
Retaliation claims can be among the hardest to defend. Timing and intent are everything, and even well-meaning employers can stumble without strong policies and careful implementation.