Legal Issues

Persistence pays off when accommodating disabilities

October 1, 2020
The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Audit duties, pay scales to ensure EPA compliance

September 17, 2020
Ensure Equal Pay Act compliance by routinely reviewing all job descriptions for similarities between positions. Then check similar positions’ salary ranges for consistency and the sex of job incumbents.

Ensure diagnostic apps protect worker privacy

September 10, 2020
An attempt by New York City to keep municipal employees from spreading the coronavirus has prompted a union local to file an unfair labor practices complaint with the National Labor Relations Board.

Warn bosses: Harassment can bring personal liability

August 6, 2020
Remind all supervisors that discriminating against employees or harassing them doesn’t just create liability for the company. It could become a big legal problem for them personally. Several federal laws and many more state laws make that possible.

3 overlooked basics of a telecommuting agreement

July 30, 2020
If you don’t have a telecommuting agreement on the books, attorney Anniken Davenport provided guidance on how to structure one in a recent webinar.

When have you crossed the line into immigration status discrimination?

July 29, 2020
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Take our quiz to determine if your company is engaging in legally dangerous practices.

Choosing applicants based on ‘it factor’: Is that job bias?

July 23, 2020
Here’s a $215,000 reminder that it’s always better to use objective, quantifiable measures in hiring, rather than relying on subjective factors.

Inspect remote worksites to uncover hidden harassment

July 2, 2020
Harassment—sexual and otherwise—often flourishes in remote work locations where there is little direct supervision. One of the best ways to rein it in: routine, unannounced workplace visits by HR.

Avoid 3 critical errors when reopening the office

June 30, 2020
In a still-confusing time, you want to get people back to work, and keep them there. But Dan Kaplan,a partner at Foley & Lardner’s Madison, Wisconsin office and a leader on the firm’s Coronavirus Task Force, has some reminders for us of the organizational and legal issues we cannot look past.

Beware suits from staff who know your shortcomings

June 25, 2020
Widespread protests calling for an end to systemic racism have caught the attention of corporate America.