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

Idaho

You must prove OSHA compliance is impossible

11/27/2018
The federal Occupational Safety and Health Administration has the power to fine employers that don’t follow workplace safety rules. However, if an employer can show that providing safety measures would be impossible, compliance would not be required.

When slur was an isolated incident, discipline, warn not to repeat—and move on

10/31/2018
Sometimes people—including supervisors—say or do stupid and offensive things. But an employer doesn’t always have to terminate the offending employee.

Discrimination lawsuit defense: Show boss didn’t know of protected status

10/31/2018
One defense to discrimination claims is that the alleged discriminator didn’t know what protected class the employee hails from, and therefore couldn’t discriminate based on that characteristic.

Risky assumptions: 9th Circuit adds clarity to ADA’s ‘regarded as disabled’ definition

10/31/2018
When the ADA was amended in 2008, Congress changed the definition tied to discrimination based on an employer’s presumption that a worker is disabled. Now the 9th Circuit has clarified what Congress meant.

Document each step of the RIF process

10/31/2018
Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.

If first disability accommodation doesn’t work, keep trying to find one that does

10/03/2018
The aim is to arrive at an accommodation that satisfies both the employer and the worker. But don’t think that once you have agreed on the accommodation, that’s the end of the matter.

Document why you decided to hire candidate

10/03/2018
A simple truth: Any candidate who doesn’t get a job might sue, alleging some form of discrimination. It’s best to simply assume that, at some point, you will have to explain to a judge exactly why the applicant you picked was the best person for the job.

OSHA fine upheld for out-of-service machinery

08/27/2018
The 9th Circuit Court of Appeals has upheld an Occupational Safety and Health Administration citation against an employer for leaving an unsafe piece of equipment “available for use” even though it was not technically “in use.”

Employers must take steps to put a stop to customer harassment of employees

08/27/2018
The source of the harassment doesn’t matter. What matters is that the employer knew about the harassment and didn’t take adequate steps to stop it or prevent it from happening again.

Long gap between complaint and discharge kills case

07/30/2018
Employees who engage in protected activity such as complaining about alleged discrimination are protected from retaliation for doing so. But that protection doesn’t last forever.