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Hawaii

It was just a meeting, not false imprisonment

08/02/2019
An employee whose supervisor ordered her to take a seat in a conference room has lost her request for a trial on charges of false imprisonment.

‘Ministerial exception’ may not cover schools

07/30/2019
Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.

OK to punish insulting language in complaint

07/30/2019
HR specialists and managers know they can’t punish a worker for complaining about discrimination or many other internal complaints, including whistleblowing. But that doesn’t mean your hands are tied when the complaint itself is delivered in an outrageous way.

Sexist supervisor? Keep him away from victims, scrutinize his decisions and actions

06/06/2019
If you hear reports that a supervisor or manager with authority over female employees is making sexist statements, act immediately to put an end to it.

With stroke of a pen, court sends case to arbitration

04/10/2019
A federal court considering a discrimination claim has ordered the case to arbitration despite the fact the court found some sections of the arbitration agreement unconscionable.

Document why discipline may have differed

03/20/2019
Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

Note all details that led up to discipline

02/01/2019
Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.

When it comes to discipline, details matter

01/16/2019
Smart employers are ready to counter charges of discrimination with details about the underlying reasons for discipline.

Fair treatment is your best defense against bias claims

01/11/2019
Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

Nuances of the ADA: 9th Circuit rules on definition of ‘regarded as disabled’

01/11/2019
The federal appeals court with jurisdiction over California employers has ruled that a worker doesn’t have to prove his employer believed he was substantially impaired in order to sue under the ADA if the employer discriminated against him by regarding him as disabled.