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

Wisconsin

Shut down demeaning name-calling ASAP–or else prepare to pay for your ‘tolerance’

08/21/2012
If you need an incentive to stop name-calling in the workplace, consider this: The 7th Circuit Court of Appeals recently upheld a jury award of $70,000 for a supervisor’s repeated and demeaning use of the word “bitch” when speaking to a subordinate.

Was that sex bias–or clumsy geek-speak?

08/21/2012
The 7th Circuit Court of Appeals has apparently concluded that some professionals are less articulate than others and deserve a pass when they make sexist comments.

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

07/18/2012
Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

State-by-state 2012 short-term child-care leave laws

07/14/2012

The federal FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Some state laws do. The chart below summarizes state short-term leave laws.

Policy calls for firing after leave is exhausted? Make sure you apply it consistently

06/25/2012
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.

Safeguard your personal assets from lawsuits: Prepare to show that your actions were unbiased

06/25/2012
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.