Sheesh. I would think so! Here's a story for you:
Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more
So misunderstood!
NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
9/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
At-Will Employment ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Termination ,
Title VII ,
USERRA ,
Wage and Hour
While still complying with the ADA.
The Equal Employment Opportunity Commission issued some helpful guidance on Friday related to employers' use of artificial intelligence and algorithms and the Americans with Disabilities...more
5/18/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Documentation ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Reasonable Accommodation ,
Vendors ,
Wage and Hour
As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more
How could something so convenient be so risky?
Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
Employers, don't get played.
"This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all."
Oh, yeah?...
...more
5/28/2021
/ At-Will Employment ,
Discrimination ,
Documentation ,
Due Process ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
Reasonable Accommodation ,
Retaliation ,
Termination ,
Wage and Hour ,
Whistleblowers
And then you go and make it worse.
The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon).
I am in a charitable mood as I write this post,...more
4/23/2021
/ Background Checks ,
Confidential Information ,
Depositions ,
Electronic Records ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Human Resources Professionals ,
Motion to Dismiss ,
Public Records ,
Sanctions ,
Sealed Records ,
Sex Discrimination
Bless this employer's heart.
Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more
4/9/2021
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Light-Duty Positions ,
Paid Sick Leave ,
Pregnancy Disability Leave Law ,
Reasonable Accommodation ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury
Here's the "carrot," after last week's "stick."
Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.
NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more
1/29/2021
/ Biden Administration ,
Cause Determination Finding ,
Conciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Independent Contractors ,
Mediation ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Tip-Pooling ,
Unfair Labor Practices ,
Videoconference ,
Wage and Hour
Should the employer force the issue?
You Human Resources professionals are familiar with this scenario.
You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more
I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.
The Equal Employment Opportunity...more
Not a word about this week's goings on. I promise!
I was having a hard time coming up with a blog topic this week that didn't involve the never-ending election of 2020. (I propose that voting in 2024 be done via...more
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
An easy-to-read guide that works for all employees using legal meds.*
The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more
A resume liar, or a candidate who gives you the hard truth?
Let's say you have a great candidate for your vacant position of Director of Widgetary Management. Work experience is on point, excellent presentation in the...more
. . . and an alternate universe without it.
It seems like only five years ago that the Americans with Disabilities Act was celebrating its 25th anniversary. But here we are, five years later, and the ADA is having its 30th...more
Should Rebekah Jones' arrest record be an issue?
The administration of Florida Gov. Ron DeSantis (R) recently fired Rebekah Jones, who was either the genius behind, or the data-input clerk for, the state's coronavirus...more
(Still 100 percent guaranteed non-partisan.)
The Democrats' debate this week in Charleston, South Carolina, brought to light two workplace pregnancy horror stories, neither of which may have actually happened. But they...more
Welcome to the future.
With the dramatic changes in acceptance of medical and even recreational marijuana, employers need to take a fresh look at the way they maintain drug-free workplaces. Here are some tips for surviving...more
Did I do that?
Happy new year, everybody!
Greg Giangrande of the New York Post's @Work column answered a letter this week from a guy whose behavior at his workplace holiday party was "a blur."
That can't be good....more
2019 ends with a bang.
Even apart from that big political event that begins with the "I" word, and those two major holidays that are imminent, there have been some very weird employment-related news items this week. Have you...more
Employers make their own luck.
When it comes to terminations of employment, are you lucky or unlucky? Take our quiz and find out! As always, the answers appear after each question, so you can cheat all you want, and we'll...more
HR people, you know what I'm talking about.
Sharks, vampires, tornadoes, heights, and evil clowns are scary. But sometimes the scariest thing to a management-side lawyer is what employers themselves say. Here are 10 things...more