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North Carolina

Recognize the bright line between harassment and run-of-the-mill personality clashes

03/31/2025

Employees don’t always get along—and you can’t force them to actually like each other. Take solace in the fact that unless workplace animosity creates a truly hostile environment, allegations of discrimination or harassment won’t succeed in court unless an employee can prove that a co-worker targeted him because of protected characteristics such as race, gender, religion or national origin.

Employer’s ‘honest belief’ is enough for FMLA defense

03/19/2025

You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

Suspect FMLA abuse? Document suspicion

10/10/2024

If you think an employee has abused FMLA leave, documentation is crucial. For example, if medical certifications doubt whether the time taken is legitimate, save that documentation before you take disciplinary action.

Require supervisors to consult HR before removing reasonable accommodation

09/12/2024

Once an employer accepts and approves an employee’s request for a reasonable accommodation, it has essentially agreed that an accommodation was warranted. Think twice before removing that accommodation!

Disabled new hire? You must engage in the ADA’s interactive accommodations process no matter what

07/10/2024

Because disabled individuals may fear—sometimes rightly so—that employers wouldn’t hire them if they knew about their disability, the ADA doesn’t require applicants to reveal disabilities during the interview and hiring phase. Thus, it may catch employers by surprise when the first thing a new hire does is request a reasonable accommodation.

As employer, you get to choose and implement your preferred disability accommodations

03/13/2024

Employers and disabled employees must engage in an “interactive process” to determine what accommodations will allow employees to perform the essential functions of their jobs. If more than one might work, the employer gets to pick which one to implement. Once that’s done, the employer has met its ADA obligations, even if the employee refuses the accommodation.

ADA: Unpaid leave can be reasonable accommodation

12/04/2023

The ADA requires employers and disabled employees to engage in an “interactive process” to explore possible accommodations that will enable the employee to perform a job’s essential functions. Then, the employer can pick the reasonable accommodation it prefers. But what if the employer chooses to place the employee on unpaid leave until a temporary flare-up of a disabling condition subsides?

It’s up to HR: Act fast to fix supervisor gaffes

11/10/2023

Supervisors say the darndest things. It’s up to HR to clear things up before some dumb comment lands your organization in deep legal trouble. Don’t delay! If you know the boss was in the wrong, correct the record ASAP and make things right—the sooner, the better. Add a heartfelt apology on behalf of the company, too.

Negligent employer liable for 2 years of back pay, not 3

10/25/2023

The Fair Labor Standards Act has two measures of liability: Pay two years of back pay if your failure to pay minimum wages or overtime wasn’t willful, or three years if it was. A mistaken failure to pay overtime due to negligence isn’t the same thing as willfully failing to pay employees, so an employer’s liability for back pay was limited to two years, a federal appeals court explained.

Male-dominated industry? Expect stepped-up EEOC enforcement

10/06/2023

Many women have begun seeking jobs in male-dominated industries because they tend to pay more and offer better benefits than jobs that traditionally attract women. However, an influx of female applicants has triggered backlash in some workplaces. The EEOC has taken notice.