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Jul 06 2026
DisabilityHarassment & DiscriminationQ&A

Q&A: Shoddy misconduct investigation invites discrimination claim

Question: We recently confirmed that an employee violated our workplace violence policy by making threatening gestures to her manager. The employee is deaf and has accommodations in place to help her communicate at work. She admitted that she got frustrated while trying to get through to her manager, and formed a gun shape with her…

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Jul 02 2026
Harassment & DiscriminationTermination & Resignation

Jury to decide if employees were fired for harassment or religion

The U.S. Ninth Circuit Court of Appeals recently ruled that a jury should decide whether an airline’s firing of two Christian flight attendants for objecting to the company’s support of proposed federal legislation, the Equality Act, was truly for violating its policy against harassment and discrimination or whether the real reason was religious discrimination. The…

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Jun 23 2026
DisabilityHarassment & DiscriminationSafety and Health

Q&A: Avoid armchair diagnosis when addressing workplace violence

Question: One of our new hires always seems agitated for no apparent reason, but she is reliable and works hard. She is known to angrily mutter to herself while she works, so coworkers generally steer clear of her. Yesterday the employee became aggressive, irrational, and made several explicit threats to harm coworkers whom she says…

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Jun 15 2026
Harassment & DiscriminationQ&A

Q&A: Accidental touches may be harassment if unaddressed

Question: We have a production assistant who has complained twice to his supervisor about unwanted physical contact by another coworker. He described it as sexual but was unsure if it could have been an accident as the coworker was squeezing past in a tight space. There were no witnesses, so other than documenting his statement,…

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May 08 2026
Harassment & DiscriminationHiring

Q&A: Use caution when creating a new position for a specific employee

Question: We want to create a new senior accounting position for an employee who has demonstrated skills and abilities beyond their current role. Normally, we post open positions internally before taking applications from external candidates. Can we skip the application process altogether if we already know who we want for the job? Answer: Yes, but…

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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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