• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Hawaii

Recruit broadly to ensure diverse applicant pool

01/14/2021
Employees and job applicants can win age discrimination lawsuits if they prove an employer’s personnel practices have a negative disparate impact on older persons.

Act ASAP to prevent customer from harassing

01/14/2021
Title VII doesn’t just outlaw co-worker and supervisor harassment, it also holds employers responsible for preventing and stopping harassment from outside the organization. As much as you don’t want to alienate customers, you must intercede if they harass your employees.

How to discipline despite ‘protected’ activity

07/02/2020
Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Beware basing starting pay on past salary

03/12/2020
Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

02/25/2020
Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Retain every résumé, application you receive

02/03/2020
When you receive résumés and applications for open positions, it’s best to keep those documents even if they are from people you don’t end up interviewing. Here’s why: If you are later sued for failure to hire or promote, you may need those documents to justify your decisions.

Note refusal to cooperate in ADA process

12/02/2019
When a disabled worker needs an accommodation, the process is supposed to be interactive, with give-and-take discussions over what’s an appropriate and reasonable accommodation. If an employee won’t cooperate, carefully document her refusal.

Finite leave may be valid accommodation

12/02/2019
It’s a difficult problem: A new employee hasn’t yet earned any leave but needs to take time off for a disability-related reason. It’s a mistake to automatically terminate such an employee. Slow down.

Warn supervisors: No vulgar name-calling

08/23/2019
Here’s a reminder for HR professionals in charge of training programs for managers and supervisors: Warn bosses to refrain from name-calling that could be perceived as sexist or hostile.