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Legal

To Avoid EEOC Actions, Create Policies, Train in Advance

As topics like #MeToo and workplace bias receive continued attention, the importance of understanding how the Equal Employment Opportunity Commission (EEOC) works will only grow. For one thing, experts say, the EEOC’s procedures are complicated and evolving. For another, many companies work under misconceptions that could complicate an already messy situation should they ever be…

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How Can I Sue Thee? Let Me Count The Ways.

Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were Discrimination (not only unlawful discrimination, but also favoritism and nepotism, which are legal but are likely to lead to charges and lawsuits because of the perceived unfairness) Failure to consider or make reasonable accommodations Failure…

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Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…

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Positive News for Employers Wishing to Enforce Post-Termination Restrictions

In an eagerly awaited decision, the Supreme Court gave its judgment on the meaning of wording commonly used in non-compete post-termination restrictions and the possibility of severing such wording where it would otherwise render such a restriction unenforceable. Background Ms Tillman was the Joint Global Head of Financial Services of executive search and recruitment firm…

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Five Top Tips for Managing Poor Performance at Work

It’s the call that many HR professionals dread: a manager reporting that enough is enough, and the under performer in their team has got to go. You check the employee’s personnel file and find no prior warnings and three years of glowing appraisals. This may be hauntingly familiar for many in the profession. Underperformance often…

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How Emojis Can Cause Trouble in the Workplace

As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis lack universal definitions, can have multiple — often subjective — meanings, and look different on different messaging platforms. This means that…

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Heterosexual HR Manager Loses Discrimination Claim

A heterosexual HR manager fired after writing an angry Facebook post against Target’s policy of allowing transgender individuals to use restrooms according to gender identity could not state a discrimination or retaliation claim, the 5th U.S. Circuit Court of Appeals ruled. The plaintiff began working in the Louisiana office of Plant-N-Power Services Inc. (PNP) in…

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Employers Take Heed: The EEOC Is Cracking Down On Pay Discrimination

Equal pay for equal work is a hot topic for employers. In the last few years, several states have passed equal pay laws, while the Equal Employment Opportunity Commission (EEOC) is paying more attention to equal pay issues on the federal level as reflected in recent enforcement actions. Just last month, the EEOC filed two…

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Don’t Freeze Up: Know What to Do When ICE Comes Knocking

Employers should understand how to handle I-9 inspections by Immigration and Customs Enforcement (ICE) and proactively prepare for possible enforcement actions to avoid penalties and prosecution. While the uptick of ICE’s deportation enforcements has made headlines, their I-9 inspections have received less media attention despite similar dramatic increases. In 2017, ICE conducted 1,360 I-9 inspections,…

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