Expert insights. Personalized for you.
OCTOBER 26, 2016
As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Because in the world of employment litigation, documentation is king! District Court for the District of Vermont is an excellent example of how an employer’s clear, objective documentation saved it from a lengthy and costly employment discrimination trial. Leave Policy/Compliance documentation Vermont MORE
MAY 18, 2017
He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit? Whether it’s a discrimination case, a retaliation claim, or both, the story is the same. It’s your word against the word of the employee—unless you have solid employment documentation to support the reasons for your decision. Here’s where good documentation comes in. MORE
JULY 27, 2020
You need a non discrimination policy in your workplace, and this article will help you write one that reflects your company’s commitment to treating everyone equally. Why you need a non-discrimination policy in the workplace. Every country has differing laws regarding discrimination. MORE
SEPTEMBER 6, 2018
When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals. The post When a previously good performer starts to slide, carefully document decline appeared first on Business Management Daily. MORE
MARCH 27, 2020
An employer’s actions taken during the COVID-19 pandemic should be both consistent and uniform across the organization to avoid the risk of discrimination. Asking employees in high risk categories not to come to work could lead to discrimination claims. MORE
JUNE 7, 2018
In 2014, a federal court in New York pronounced that refusing to hire DACA recipients with employment authorization could constitute “alienage discrimination” under the Civil Rights Act of 1866. The spike of alienage discrimination lawsuits by DACA recipients will certainly transform employers’ practices on hiring, firing, and recruitment or referral for a fee from here on out. National origin discrimination and citizenship status discrimination are distinct in nature. MORE
MARCH 18, 2015
Documentation is often the key to defending yourself. But there are a lot of mistakes that can make your documentation less effective, says Fentin, who is a partner at Skoler, Abbott & Presser, P.C., Here are Fentin’s top 10 documentation mistakes: 1. Any reference to protected class or conduct is a road map for a charge of discrimination. Even one example of behavior undermines your otherwise credible documentation. MORE
NOVEMBER 28, 2016
On November 21, 2016, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on national origin discrimination. The guidance, which is a sub-regulatory enforcement document, replaces the Commission’s 2002 Compliance Manual section on the same topic. Diversity HR Training Workplace Discrimination MORE
OCTOBER 29, 2018
Employers with a progressive discipline process have an advantage if a terminated employee sues them for discrimination. The post Document each stage of progressive discipline appeared first on Business Management Daily. Skipping the discipline step? Be prepared to explain why. Centerpiece Firing Human Resources MORE
AUGUST 16, 2019
When you’re documenting an incident in the workplace, employ the traditional “who, what, where, when, why” paradigm. You have to assume your documentation will be held under some form of legal scrutiny. Strong documentation systems must be built on three basic principles. The more specific the documentation, the greater the credibility. Try to get employees involved in the documentation process. How to document employee infractions: 4 ‘musts’ to include. MORE
OCTOBER 31, 2018
Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is the different treatment of a person based on a protected characteristic such as gender, disability, or national origin. Discrimination is most often an intentional act, such as a failure to hire someone based on his race. Discrimination based on a person’s accent also may be unlawful. MORE
NOVEMBER 13, 2019
One important legal concern to keep in mind are the federal laws against employment discrimination enforced by the U.S. Although layoff discrimination may seem like a clear-cut issue—you either intentionally discriminated against an employee or you didn’t—real-life cases are not always so cut and dried. It is possible to inadvertently conduct a reduction in force in a way that opens your company up to layoff discrimination lawsuits. MORE
DECEMBER 10, 2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. The post How to fire someone fairly: Document your decision appeared first on Business Management Daily. Be prepared! Centerpiece Employment Law Firing Human Resources MORE
SEPTEMBER 27, 2016
Promotions, which fall under the heading of terms and conditions of employment, are covered by federal and state employment and non-discrimination laws. Discrimination lawsuits related to promotions are most common when there is no standard promotion policy or it is inconsistent or not well documented. Documentation of who is interviewed and why they did/did not get the promotion, etc. You have your eye on an employee you’d like to promote. MORE
JULY 13, 2015
that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination. Employee takes documents to support discrimination claim. The employer subsequently reported the alleged theft of its documents to the county prosecutor. could help insulate an employee from criminal prosecution if she takes an employer’s confidential documents. MORE
AUGUST 29, 2017
It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). According to the Equal Employment Opportunity Commission (EEOC) charge statistics for 2016, over 28,000 disability discrimination charges were filed with the agency. The number of disability charges was topped only by claims of race discrimination and retaliation. MORE
JANUARY 18, 2017
Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . The new regulations , which come from the Department of Justice (DOJ), say it’s now discriminatory to treat workers differently when requesting verification documents during the I-9 or E-Verify process — regardless of whether the employer’s intent is to harm or help an individual. MORE
DECEMBER 17, 2018
The post Harassment in the workplace: Document details and track complaints appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Human ResourcesThis recent sexual harassment lawsuit case proves that if the matter gets to court, the more details you can provide, the better. MORE
AUGUST 13, 2018
Make sure you have documentation for EVERY case of documentation. I have a webinar that I occasionally conduct on the importance of documentation. Documentation is that bane of existence for the HR professional, as it is absolutely necessary for the defense of the company when needed, yet it is almost impossible to get supervisors and managers to do it, willingly anyway. Why document? Pence says that there are two reasons to document and I agree with him. MORE
NOVEMBER 11, 2016
It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. . Recently, employment law attorneys shared some of the costliest mistakes they’ve spotted in employers’ documentation. When documenting employee conduct, managers should avoid using legal characterizations, says attorney Kevin A. Creating inconsistencies between documents. MORE
OCTOBER 30, 2017
businesses and government agencies paid out more than $482 million to resolve work-related discrimination and harassment claims in 2016, a number that the EEOC indicates is on the rise. As an employer, it’s essential to have policies in place to prevent workplace discrimination, but where do you start? Steps to prevent discrimination and harassment in your workplace. Accordingly, our company has zero tolerance for harassment in any form or other such unlawful discrimination. MORE
DECEMBER 21, 2016
Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. A recent lawsuit filed in the federal district court in Worcester highlights the dangers of demanding extensive documentation to justify an employee’s fitness for duty. by John S. Gannon. MORE
MAY 7, 2021
An employee complained to me that a coworker frequently yells at the employee for parking in the wrong spot and says that the coworker is “discriminating” against him by yelling at him. CalChamber members can read more about Types of Discrimination in the HR Library. MORE
APRIL 9, 2020
In fact, the Equal Employment Opportunity Commission (EEOC) logged a whopping 2,753 pregnancy discrimination charges in 2019, which represents the lowest rate in almost a decade and is down almost a third from the 4,029 filed in 2010. MORE
MARCH 27, 2019
Ischa1, Helder [Public domain], via Wikimedia Commons A few days ago, I blogged about How does one of your employees actually prove discrimination in court? Late last week, the Third Circuit Court of Appeals adjudicated — such a lawyerly word, ‘adjudicated’ — this race discrimination case. On Monday, we talked about the first step of that process; namely, the prima facie claim of discrimination. MORE
JANUARY 30, 2020
Still, it seems like an excellent excuse to get back to basics and explain how courts analyze discrimination claims). She claimed discrimination. On its face, that looks like discrimination. Discrimination and Unlawful Harassment[link]. Beats me. MORE
MAY 10, 2021
But when it comes to documenting an employee termination, should that really be considered a high priority? At this point, the story can go one of two ways based on what you do or don’t document. Option 1: You Neglect to Document the Reason for Employee Termination. MORE
SEPTEMBER 3, 2020
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. refuse to honor the documents the employee offers if they are legally acceptable and appear to be genuine. Discrimination and Harassment Employment Law MORE
JANUARY 19, 2016
The EEOC reminds us that there are protections against religious and ethnic discrimination that employers must abide by. The EEOC specifically says: “Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color. Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination. The guidance is provided in two documents. MORE
JUNE 15, 2020
Maintaining HR documents is an essential step in protecting your company, and yourself, in the event you go to court for civil litigation, criminal charges, or other investigations. laws require companies to keep documents for specific timeframes. I-9 documents. MORE
FEBRUARY 4, 2021
One of these was Executive Order (EO) 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Workplace Discrimination Gender Discrimination Diversity and Inclusion MORE
JUNE 30, 2016
The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. You need to be aware of this and all of the other things contained in this document. Intersectional discrimination. would be evidence of intersectional discrimination. MORE
MARCH 30, 2015
Caregivers of disabled infants are protected under the ADA from associational discrimination. I have written a couple of times about associational discrimination as you can find here and here. What is associational discrimination you ask? Basically it is when and employee suffers some job discrimination because of their association with someone who is protected. The ADA violation is associational discrimination. Associational discrimination is a real thing. MORE
JANUARY 21, 2020
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case. MORE
NOVEMBER 21, 2019
At first, HR documentation can feel like a series of tedious administrative tasks you have to do as part of running a business. However, thorough HR documentation is incredibly important to your business. It’s your line of defense in the event that an employee sues your company for discrimination, wrongful termination or another issue. This is your guide to achieve comprehensive, accurate HR documentation. The goal of HR documentation. Medical documentation. MORE
MARCH 8, 2021
For example, an employer may not retaliate against someone who alleges that the employer’s vaccination policy discriminates or has a disparate impact on a protected group. MORE
MAY 11, 2021
The need to provide this information also serves as a detriment against inadvertent discrimination. Having a well-documented, carefully crafted policy helps you make those informed decisions while being fair to all applicants. MORE
MARCH 5, 2015
Today, we present Fentin’s top 10 mistakes employers make when documenting employee performance. Forgetting an audience—who will read the document? No supporting documentation—claims made on the appraisal should be supported. Fentin outlines a number of possibilities: Discrimination. Discrimination if there is a reference to FMLA leave or ADA accommodation (or anything related to employee’s physical or mental condition) in the review. MORE
Stratus
MAY 10, 2021
But when it comes to documenting an employee termination, should that really be considered a high priority? At this point, the story can go one of two ways based on what you do or don’t document. Option 1: You Neglect to Document the Reason for Employee Termination.
HRWatchdog
MAY 7, 2021
An employee complained to me that a coworker frequently yells at the employee for parking in the wrong spot and says that the coworker is “discriminating” against him by yelling at him. CalChamber members can read more about Types of Discrimination in the HR Library.
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TLNT: The Business of HR
JULY 13, 2015
that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination. Employee takes documents to support discrimination claim. The employer subsequently reported the alleged theft of its documents to the county prosecutor. could help insulate an employee from criminal prosecution if she takes an employer’s confidential documents.
HR Morning
NOVEMBER 11, 2016
It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. . Recently, employment law attorneys shared some of the costliest mistakes they’ve spotted in employers’ documentation. When documenting employee conduct, managers should avoid using legal characterizations, says attorney Kevin A. Creating inconsistencies between documents.
Accurate Background
MAY 11, 2021
The need to provide this information also serves as a detriment against inadvertent discrimination. Having a well-documented, carefully crafted policy helps you make those informed decisions while being fair to all applicants.
Intoo USA
NOVEMBER 13, 2019
One important legal concern to keep in mind are the federal laws against employment discrimination enforced by the U.S. Although layoff discrimination may seem like a clear-cut issue—you either intentionally discriminated against an employee or you didn’t—real-life cases are not always so cut and dried. It is possible to inadvertently conduct a reduction in force in a way that opens your company up to layoff discrimination lawsuits.
Digital HR Tech
JULY 27, 2020
You need a non discrimination policy in your workplace, and this article will help you write one that reflects your company’s commitment to treating everyone equally. Why you need a non-discrimination policy in the workplace. Every country has differing laws regarding discrimination.
OmegaHR Solutions
AUGUST 13, 2018
Make sure you have documentation for EVERY case of documentation. I have a webinar that I occasionally conduct on the importance of documentation. Documentation is that bane of existence for the HR professional, as it is absolutely necessary for the defense of the company when needed, yet it is almost impossible to get supervisors and managers to do it, willingly anyway. Why document? Pence says that there are two reasons to document and I agree with him.
Berkshire Associates
FEBRUARY 4, 2021
One of these was Executive Order (EO) 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Workplace Discrimination Gender Discrimination Diversity and Inclusion
Business Management Daily
JUNE 15, 2020
Maintaining HR documents is an essential step in protecting your company, and yourself, in the event you go to court for civil litigation, criminal charges, or other investigations. laws require companies to keep documents for specific timeframes. I-9 documents.
OmegaHR Solutions
JANUARY 19, 2016
The EEOC reminds us that there are protections against religious and ethnic discrimination that employers must abide by. The EEOC specifically says: “Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color. Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination. The guidance is provided in two documents.
 |
HR Daily Advisor
MARCH 18, 2015
Documentation is often the key to defending yourself. But there are a lot of mistakes that can make your documentation less effective, says Fentin, who is a partner at Skoler, Abbott & Presser, P.C., Here are Fentin’s top 10 documentation mistakes: 1. Any reference to protected class or conduct is a road map for a charge of discrimination. Even one example of behavior undermines your otherwise credible documentation.
Business Management Daily
AUGUST 16, 2019
When you’re documenting an incident in the workplace, employ the traditional “who, what, where, when, why” paradigm. You have to assume your documentation will be held under some form of legal scrutiny. Strong documentation systems must be built on three basic principles. The more specific the documentation, the greater the credibility. Try to get employees involved in the documentation process. How to document employee infractions: 4 ‘musts’ to include.
HR Daily Advisor
OCTOBER 31, 2018
Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is the different treatment of a person based on a protected characteristic such as gender, disability, or national origin. Discrimination is most often an intentional act, such as a failure to hire someone based on his race. Discrimination based on a person’s accent also may be unlawful.
HR Daily Advisor
MAY 18, 2017
He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit? Whether it’s a discrimination case, a retaliation claim, or both, the story is the same. It’s your word against the word of the employee—unless you have solid employment documentation to support the reasons for your decision. Here’s where good documentation comes in.
The Employer Handbook
MARCH 27, 2019
Ischa1, Helder [Public domain], via Wikimedia Commons A few days ago, I blogged about How does one of your employees actually prove discrimination in court? Late last week, the Third Circuit Court of Appeals adjudicated — such a lawyerly word, ‘adjudicated’ — this race discrimination case. On Monday, we talked about the first step of that process; namely, the prima facie claim of discrimination.
Business Management Daily
DECEMBER 17, 2018
The post Harassment in the workplace: Document details and track complaints appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Human ResourcesThis recent sexual harassment lawsuit case proves that if the matter gets to court, the more details you can provide, the better.
Business Management Daily
OCTOBER 29, 2018
Employers with a progressive discipline process have an advantage if a terminated employee sues them for discrimination. The post Document each stage of progressive discipline appeared first on Business Management Daily. Skipping the discipline step? Be prepared to explain why. Centerpiece Firing Human Resources
Business Management Daily
SEPTEMBER 3, 2020
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. refuse to honor the documents the employee offers if they are legally acceptable and appear to be genuine. Discrimination and Harassment Employment Law
Business Management Daily
DECEMBER 10, 2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. The post How to fire someone fairly: Document your decision appeared first on Business Management Daily. Be prepared! Centerpiece Employment Law Firing Human Resources
HRWatchdog
MARCH 8, 2021
For example, an employer may not retaliate against someone who alleges that the employer’s vaccination policy discriminates or has a disparate impact on a protected group.
Stratus
OCTOBER 30, 2017
businesses and government agencies paid out more than $482 million to resolve work-related discrimination and harassment claims in 2016, a number that the EEOC indicates is on the rise. As an employer, it’s essential to have policies in place to prevent workplace discrimination, but where do you start? Steps to prevent discrimination and harassment in your workplace. Accordingly, our company has zero tolerance for harassment in any form or other such unlawful discrimination.
HR Daily Advisor
OCTOBER 26, 2016
As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Because in the world of employment litigation, documentation is king! District Court for the District of Vermont is an excellent example of how an employer’s clear, objective documentation saved it from a lengthy and costly employment discrimination trial. Leave Policy/Compliance documentation Vermont
AbelHR
APRIL 9, 2020
In fact, the Equal Employment Opportunity Commission (EEOC) logged a whopping 2,753 pregnancy discrimination charges in 2019, which represents the lowest rate in almost a decade and is down almost a third from the 4,029 filed in 2010.
HR Morning
JANUARY 18, 2017
Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . The new regulations , which come from the Department of Justice (DOJ), say it’s now discriminatory to treat workers differently when requesting verification documents during the I-9 or E-Verify process — regardless of whether the employer’s intent is to harm or help an individual.
HR Daily Advisor
MARCH 5, 2015
Today, we present Fentin’s top 10 mistakes employers make when documenting employee performance. Forgetting an audience—who will read the document? No supporting documentation—claims made on the appraisal should be supported. Fentin outlines a number of possibilities: Discrimination. Discrimination if there is a reference to FMLA leave or ADA accommodation (or anything related to employee’s physical or mental condition) in the review.
Business Management Daily
SEPTEMBER 6, 2018
When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals. The post When a previously good performer starts to slide, carefully document decline appeared first on Business Management Daily.
HR Daily Advisor
DECEMBER 21, 2016
Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. A recent lawsuit filed in the federal district court in Worcester highlights the dangers of demanding extensive documentation to justify an employee’s fitness for duty. by John S. Gannon.
HR Daily Advisor
AUGUST 29, 2017
It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). According to the Equal Employment Opportunity Commission (EEOC) charge statistics for 2016, over 28,000 disability discrimination charges were filed with the agency. The number of disability charges was topped only by claims of race discrimination and retaliation.
HR Counselor's Corner
MARCH 27, 2020
An employer’s actions taken during the COVID-19 pandemic should be both consistent and uniform across the organization to avoid the risk of discrimination. Asking employees in high risk categories not to come to work could lead to discrimination claims.
OmegaHR Solutions
JUNE 30, 2016
The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. You need to be aware of this and all of the other things contained in this document. Intersectional discrimination. would be evidence of intersectional discrimination.
HR Daily Advisor
JUNE 7, 2018
In 2014, a federal court in New York pronounced that refusing to hire DACA recipients with employment authorization could constitute “alienage discrimination” under the Civil Rights Act of 1866. The spike of alienage discrimination lawsuits by DACA recipients will certainly transform employers’ practices on hiring, firing, and recruitment or referral for a fee from here on out. National origin discrimination and citizenship status discrimination are distinct in nature.
The Employer Handbook
JANUARY 30, 2020
Still, it seems like an excellent excuse to get back to basics and explain how courts analyze discrimination claims). She claimed discrimination. On its face, that looks like discrimination. Discrimination and Unlawful Harassment[link]. Beats me.
OmegaHR Solutions
MARCH 30, 2015
Caregivers of disabled infants are protected under the ADA from associational discrimination. I have written a couple of times about associational discrimination as you can find here and here. What is associational discrimination you ask? Basically it is when and employee suffers some job discrimination because of their association with someone who is protected. The ADA violation is associational discrimination. Associational discrimination is a real thing.
Berkshire Associates
NOVEMBER 28, 2016
On November 21, 2016, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on national origin discrimination. The guidance, which is a sub-regulatory enforcement document, replaces the Commission’s 2002 Compliance Manual section on the same topic. Diversity HR Training Workplace Discrimination
Insperity
SEPTEMBER 27, 2016
Promotions, which fall under the heading of terms and conditions of employment, are covered by federal and state employment and non-discrimination laws. Discrimination lawsuits related to promotions are most common when there is no standard promotion policy or it is inconsistent or not well documented. Documentation of who is interviewed and why they did/did not get the promotion, etc. You have your eye on an employee you’d like to promote.
The Employer Handbook
JANUARY 21, 2020
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case.
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