Category

Harassment and Discrimination

ADA Alert: Wal-Mart Decision to Jettison Greeter Jobs for More Demanding Positions May Have Broad Repercussions

By | ADA, Best Practices, Employment Law, Harassment and Discrimination, Worker Disability

In March of this year, Wal-Mart made headlines when it announced more reductions in its “Greeter” position as part of an ongoing phase-out of Greeters in favor of “Customer Hosts,” whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, a role that requires employees to be able to lift 25-pound packages, climb ladders and stand for long periods of…

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I-9 Forms of ID: A Great Tale About What’s Acceptable, or Not

By | Employment Law, Harassment and Discrimination, Hiring

Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not a federally recognized tribe. She noted that applicants are not required to present social security cards for I-9 purposes, but…

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Sexual Harassment Training: More Important than Ever

By | Harassment and Discrimination, Policies and Procedures, Risk Management & Safety

With famous individuals continuing to fall like dominoes as allegations of sexual misconduct or harassment continue, the Equal Employment Opportunity Commission (EEOC) is stepping up enforcement. In FY 2018, the EEOC recovered nearly $70 million for sexual harassment victims, compared with $47.5 million in FY 2017. As a result, all business owners should be evaluating their corporate stance on sexual harassment, and making sure they know exactly what does, and doesn’t, cross the lines. Fortunately,…

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Workplace “Body Art” − An Update

By | Best Practices, Employment Law, Harassment and Discrimination, Hiring

Author’s note: In August, 2017, we published an article about the growing incidence of body art (tattoos and piercings) in the workplace. At the time, we talked about what the trend meant for employers, and what their rights were, when it came to restricting visible body art. A year later, we wanted to revisit the topic. In 2015, the ABA called “Grooming, religion and body art the new frontier in workplace discrimination.” Depending on the industry,…

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Summer Reading – What’s On Your List?

By | Best Practices, Employment Law, Employment News, Harassment and Discrimination, Hiring, Technology in the Workplace

As we head toward the true start of summer, many of us look forward to reading a good book while on vacation at the beach or in the mountains. While summer may be a great opportunity for R&R, we thought our clients might also like to stay abreast of some issues that affect them as an employer. Enjoy! Supreme Court Decision Supports Employer Rights in Dispute Arbitration: In late May, the Supreme Court found that…

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SHRM Weighs in on Employee Handbook Issues

By | Best Practices, Harassment and Discrimination, Policies and Procedures, Pregnancy Leave, Risk Management & Safety

Two prominent human resources lawyers, the senior legal editor for the Society for Human Resource Management (SHRM) and a legal expert for HR information website ExpertHR, have jointly published an opinion asserting that “cookie-cutter” employee handbooks are no longer practical for many employers, especially those operating in multiple states. As the basis for their recommendation, they cite the trend toward federal deregulation and the volume of both state and local legislative actions. As detailed in the…

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Sexual Harassment Training: More Important than Ever

By | Harassment and Discrimination, Policies and Procedures, Risk Management & Safety

With famous individuals falling like dominoes as allegations of sexual misconduct or harassment continue, business owners should be evaluating their corporate stance on sexual harassment. One problem that confronts business owners is defining exactly what does, and doesn’t, constitute sexual harassment. Fortunately, the Equal Employment Opportunity Commission (EEOC) has published guidance on this issue, and offers an innovative training program, “Respectful Workplaces,” which teaches skills for employees and supervisors to promote and contribute to respect in…

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