There have been previous posts on the subject of employee handbooks.  It’s one of those subjects that should be addressed from time to time.  It’s also one of those subjects where a variety of opinions exist–among lawyers and human resources professionals.  I’m going to give you some of my opinions.  If some of them disagree […]

[Read more →]

Everyone knows that it’s unlawful to discriminate on the basis of race, color, sex or gender, religion and national origin because of Title VII of the Civil Rights Act of 1964.  Everyone also knows that age discrimination is prohibited by the Age Discrimination in Employment Act.  And everyone knows that disability discrimination is banned by […]

[Read more →]

If the question were, “Should you provide sexual harassment training to all supervisors,” the answer would be easy.  Yes.  It’s important to educate your supervisors on a subject that’s become a real danger zone in employment law. By doing so, you, prevent supervisors from saying or doing things that can lead to sexual harassment claims.  Moreover, if a sexual harassment […]

[Read more →]

For the most part, you have the right to tell your employees what to do.  If they don’t do it, you can discipline or fire them.  That’s a pretty basic concept when it comes to employment law.
But let’s take a look at the following questions and answers in trying to determine if there are situations […]

[Read more →]

Religious discrimination gets less attention than any other kind of discrimination.  There just have never been as many lawsuits involving religion as there have been involving race, sex, national orgin, age and disability.  But religious discrimination is still against the law, and there can be some tricky questions when it comes to this subject. 
Q: Can an employee […]

[Read more →]

In any discrimination or harassment case, what’s always alleged?  Somebody used inaappropriate language.
Q:        So does that make you the language police?
A:         Pretty much.
Q:        Does that mean if an employee comes to you and complains about language being used by a supervisor or co-worker, you need to investigate?
A:         Absolutely.
Q:        Does that mean you need to take […]

[Read more →]

When it comes to litigation prevention, a lot of attention is paid to firing.  But let’s not forget about the important subject of hiring.
Q: Why is a good hiring process so important in preventing employment litigation?
A: Hiring decisions, statements made during interviews, and screening practices are frequently offered as evidence in suits for race, sex, […]

[Read more →]

Handbooks are, of course, common in most workplaces.  They’re also often evidence in an employment lawsuit, so maybe it’s time to ask a few questions about them.
Q:        Is there a one-size-fits-all handbook?
A:         No.  It’s a mistake for you to order a canned handbook and pretend that it’s your own.  It’s certainly ok to use a canned […]

[Read more →]

Most employment cases which end up in court and which actually go to trial are decided by juries. And perhaps nothing has changed employment law quite as much as the jury trial.  It’s not uncommon to see an employee receive a whopping jury verdict against an employer for some type of discrimination or wrongful discharge.  […]

[Read more →]