Legal Issues

Angry outbursts are inappropriate, but don’t always create hostile environment

February 18, 2020
Sometimes, supervisors lose their cool with a difficult subordinate. Fortunately, a few isolated incidents aren’t enough to create a hostile work environment.

Good records: Your defense against retaliation suits

February 4, 2020
Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.

Document poor performance, reasons for discipline

January 17, 2020
Always document how employees perform and how you handle discipline. If an employee isn’t doing her job to your expectations, create detailed notes describing exactly what she’s doing wrong.

Employer doesn’t have to prove poor performance

January 17, 2020
When it comes to whether an em­­ployee is meeting employer expectations, courts almost never look closely at the specifics of that performance. If the employer honestly believes the worker isn’t doing her job, the court won’t second guess.

Limited duty may be reasonable accommodation

January 15, 2020
A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.

Document poor performance as it happens

January 14, 2020
It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court.

United pays $321K to settle charges it knew of internet harassment

January 14, 2020
United Airlines has agreed to settle an EEOC lawsuit claiming the company knew for years that one of its pilots had been posting sexually explicit photos of a flight attendant on the web without her consent.

Don’t select your layoffs based on “broken English”

January 10, 2020
When parking company LAZ converted to an automated payment system in a parking complex in Baltimore, management terminated three employees: two Moroccans and one Ethiopian.

Keep It Legal: January ’20

December 20, 2019
Same-sex harassment costs employer $200k … For religious day off, don’t request certification

The cost of a careless remark

December 20, 2019
The Americans with Disabilities Act forbids discriminating against disabled employees. Openly hostile acts or comments are, of course, illegal, but you should also avoid making comments that show you even regard the employee as unable to work adequately.