Looking for HR information on conducting workplace investigations? You’ve hit the MOTHER LODE!

Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590) Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys. Then, in September 2017, along came a guy named Harvey Weinstein. The rest…

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And here is a retaliation claim that may make it all the way to a jury to decide

Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside. Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it. Let’s cue the music and…

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SCOTUS Oral Argument Recap: Is Justice Gorsuch the swing vote on LGBT workplace rights?

By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: First, the four ‘liberal’ justices (Kagan, Breyer,…

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Today at the Supreme Court, LGBT rights at work take center stage.

Image Credit: Pixabay.com It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change. Today, the Supreme Court will hear oral argument in three cases: EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. Bostock v. Clayton County Zarda v. Altitude Express, Inc. At stake is whether employers…

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8 examples of employee retaliation claims that courts reject.

Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Retaliation is one of the most common employment claims pursued in court. Indeed, it’s the #1 claim individuals make at the U.S. Equal Employment Opportunity Commission (EEOC). A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them. An employee engages…

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NJ issues “Guidance on Race Discrimination Based on Hairstyle”

Image Credit: YouTube Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news. Fast forward to September 2019. Following a thorough investigation, New Jersey Attorney Gurbir S. Grewal and the Division…

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No, a late request for a workplace accommodation doesn’t excuse prior performance issues

Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d) Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation. Specifically, do you have to excuse prior performance issues…

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