Legal Issues

Lessons from the Courts: February ’19

January 25, 2019
Can a training video be offensive?

$22 mil for revoking religious accommodation

January 24, 2019
In an expensive reminder of what not to do, a Florida jury has ordered a $22 million payday for a hotel employee whose request for religious accommodation was honored for six years, and then suddenly revoked.

Fair treatment is your best defense against bias claims

January 11, 2019
Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

Only man on the job? That doesn’t prove discrimination

January 7, 2019
Being the only male among a group of female employees is not enough to win a sex discrimination lawsuit.

How to handle suspicion of drug and alcohol abuse

December 18, 2018
Proper handling can leave room for a good worker to return to top form, but it’s important to proceed carefully, deliberately, and without favoritism.

How would this baby-bonding time situation be covered?

December 17, 2018
Q: “A client (over 50 employees) hired an employee in March 2018. His live-in girlfriend had a baby in July 2018. He has requested intermittent FMLA starting in February 2019. He wants to take every Thursday and Friday off as FMLA to care for his daughter so his girlfriend can go to school. Does this qualify as FMLA? I understand that intermittent FMLA may not be taken for the care of a newborn. Would New York’s Paid Family Leave be applicable?” – Kenneth, New York

Keep It Legal: January ’19

December 11, 2018
Employee won’t sign? Never forge a signature.

Religion: Extended leave may be undue hardship

November 28, 2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.

Lessons from the Court: December ’18

November 23, 2018
Firing a heart attack victim is a good way to spark an instant lawsuit.

Good job descriptions thwart ADA lawsuits

November 23, 2018
The best way to avoid a trip to the courtroom to deal with an Americans with Disabilities Act accusation is to use a job description that concentrates on these components.