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Florida

Conduct audit to assess balanced workplace

09/01/2022

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.

Investigate all harassment complaints ASAP

07/21/2022

Act fast as soon as you learn an employee has complained about harassment. If you don’t, you may lose the only defense your organization has.

Offer paid suspension while you investigate allegations

12/16/2021

When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

Griping about low pay isn’t always protected activity

12/09/2021

Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

Be sure to track who you didn’t hire, too

12/09/2021

If the same person who made a hiring decision, knowing the candidate belonged to a protected class, also makes the firing decision, it’s almost impossible for the former employee to sue and argue she was terminated because of discrimination. But to succeed in court, you must be able to describe the applicants you did not hire.

Lawsuit: Confederate flag signals harassment

08/26/2021

Most employers train supervisors to spot signs of a hostile work environment and fix it before an unhappy employee sues. The trick is to recognize the red flags—sometimes literally.

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Warn your managers: Loose lips are legal trouble

07/22/2021

Train managers to avoid making comments that can be used against your organization in court. Example: Calling an employee’s disability a “liability” can easily trigger an ADA lawsuit.

Disability bias: Prepare to pay huge damage awards

05/20/2021

The ADA does more than entitle disabled employees to accommodations that help them perform their jobs. It also protects them against discrimination based on their disability. Juries are more than willing to make employers pay for blatant disability discrimination.

Injury? Offer FMLA, not just workers’ comp

04/22/2021

The workers’ compensation system typically covers workplace injuries, but the FMLA may also apply. If someone is hurt at work, be prepared to notify the employee of her FMLA rights.