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Showing posts for: Harassment & Discrimination

Apr 07 2026
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Disciplining complainant may invite retaliation claim

Question: We recently closed an internal investigation into a harassment complaint made by a manager with a finding that no facts supported her harassment allegations against a coworker. Instead, the investigation revealed that the manager who complained has been deficient in performing her duties. Can we fire the manager for the performance issues uncovered in…

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Mar 24 2026
Harassment & Discrimination

Q&A: AI tools may threaten your attorney-client privilege

Question: We recently received a discrimination complaint from a former employee who was terminated for sexual harassment. To save time and legal costs, we decided to plug the facts into ChatGPT to review our legal exposure and determine how to respond. Does this pose any issues in the event of a lawsuit? Answer: Likely, yes….

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Mar 06 2026
Harassment & Discrimination

Executive orders eliminating DEI programs remain in effect

The U.S. Fourth Circuit Court of Appeals has upheld President Trump’s executive orders aiming to eliminate employers’ diversity, equity, and inclusion (DEI) programs to the extent they discriminate based on protected status. Our previous reports on this topic here, here, and here, have followed the process as it moved through the courts. In practice, this most…

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Feb 24 2026
Harassment & DiscriminationHiringTermination & Resignation

Where Personal Beliefs Meet Legal Liability

A recent federal court decision highlights the risk for an employer when supervisors allow their personal beliefs or judgments to creep into their employment decisions. In the case, a female applicant interviewed for a position but disclosed their transition to a man shortly after being hired. The employee informed human resources about his new name…

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Feb 06 2026
Harassment & DiscriminationWage and Hour

Q&A: Beware of discrimination in applying compensation plans

Question: One of our commission-based employees returned from a two-month leave of absence due to pregnancy. She says she was denied wages owed under her commission plan, but she wasn’t actively working to earn the commissions. Do we have to pay her? Answer: It depends on what the commission plan says and whether the company…

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Dec 02 2025
Drug and AlcoholHarassment & DiscriminationWage and Hour

Holiday parties: Follow these tips to minimize liability

The holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their hard work. As we enter a festive season, here are some recommendations and tips to safely enjoy a celebration with coworkers and reduce liability for your organization. No harassment: Remind your workers that the anti-harassment…

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Oct 03 2025
Harassment & DiscriminationTermination & Resignation

Q&A: Watch out for age bias when conducting RIF

Question: Our company is experiencing a downturn. Our CEO recently met with department managers and directed them to identify positions that could be eliminated. One manager said that the oldest employee on his team should be let go because he can afford to “take the hit” and he’s “retiring soon anyway.” Can we take those…

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Sep 11 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Know how to deal with ghosting by employees

Question: We keep running into situations where employees stop showing up and communicating with us. Sometimes we don’t hear anything, sometimes they stop communicating while on approved leave, and sometimes we know they’re missing work due to a medical issue but they’re not calling in. How should we address these scenarios? Answer: Ghosting by employees…

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Sep 05 2025
DisabilityHarassment & DiscriminationSafety and Health

Lack of individual ADA assessment costs employer nearly $27M

A federal district court in Oregon recently awarded $26,952,863, including $25 million in punitive damages, to a train conductor whose employer automatically excluded him from returning to work after dislocating his shoulder. The employee, who had spent 20 years in the military and was physically active, injured his shoulder at home on his farm. He…

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Aug 08 2025
Harassment & DiscriminationHiring

E-Verify employers should proactively check work status

Employers that use E-Verify as part of their Form I-9 process may be surprised to learn that the Department of Homeland Security (DHS) now expects them to regularly log into E-Verify to see whether any employees’ temporary work authorizations have been revoked. On June 20, 2025, DHS issued a notice explaining this new procedure. Parole…

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Jul 25 2025
DisabilityHarassment & DiscriminationSafety and Health

Q&A: Avoid 5 common mistakes in disability accommodation

Question: I have an employee who brought in a doctor’s note that says she should work from home any time her anxiety flares up. Most of her job can’t be done remotely, and I don’t think she’ll focus at home. Can I tell her “no”? Answer: Even if the accommodation isn’t feasible, you can’t say…

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Jul 21 2025
Affirmative ActionHarassment & Discrimination

OFCCP closes audits and resumes processing complaints

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified federal contractors of Labor Secretary Order 08-2025, which directs the OFCCP to close all scheduled affirmative action compliance reviews and to resume processing individual discrimination complaints from protected veterans and individuals with disabilities. On January 24, 2025, as we previously reported, the…

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