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Showing posts for: Harassment & Discrimination

Dec 09 2024
Harassment & DiscriminationHiringSafety and Health

Pre-existing conditions do not invalidate a claim

Building on our recent article about the basic elements of claim validation in the Washington workers’ compensation system, let’s explore a subject that can be particularly frustrating for employers: pre-existing conditions. Understanding Pre-Existing Conditions in Workers’ Comp Pre-existing conditions can complicate the assessment of workers’ comp claims by worsening the severity of an injury or…

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Dec 09 2024
Drug and AlcoholHarassment & DiscriminationSafety and Health

Holiday parties: HR tips to minimize company liability

The holiday season has returned, and many companies are planning holiday parties for their employees. While a holiday party can be a great way to reward employees, here are some tips and recommendations to enjoy the celebrations while reducing the liability for your organization. Stay healthy: Tell employees to please stay home if they don’t…

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Oct 22 2024
Harassment & Discrimination

Q&A: You may be liable for harassment before it’s reported

Question: We recently received a discrimination and harassment claim from a former employee who quit his job. This is the first we’ve heard about these issues; they were never reported to HR. We can’t be liable for claims that were never reported, right? Answer: Wrong, you could be liable. Employers are legally responsible for any…

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Oct 07 2024
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Words matter when communicating a termination decision

Question: We have several reasons to terminate a long-term employee whose performance and attitude have declined to the point of no return, but we don’t have good documentation. He says he cannot wait to retire but has not given us a date. We’d like to keep his termination amicable, acknowledging his length of service with…

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Sep 03 2024
Harassment & DiscriminationLabor RelationsWage and Hour

Q&A: Decide now on political speech standards at work

Question: We are in another heated election season and a few of our employees are known to share their political opinions at lunchtime. Not everybody likes it. Are we allowed to keep politics out of the workplace to avoid conflict and preserve what team spirit we have left? Answer: Yes. Private employers can prohibit political…

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Aug 09 2024
CaliforniaHarassment & Discrimination

One-time use of slur could create harassment liability

Even a one-time use of a racial slur could be enough for an employee to establish a hostile work environment claim The California Supreme Court recently decided. In this case, an employee alleged that a coworker at her office called her the N-word, and that her employer intimidated her and tried to block her from…

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Aug 09 2024
Harassment & DiscriminationQ&A

Q&A: Off-the-job social media posts can be illegal harassment

Question: One of our employees reported that a coworker is engaging in sexual harassment by posting offensive content on Instagram. The accused employee has over 100 followers who work for us. Do we need to monitor everything our employees say and “like” online? Shouldn’t she just unfollow him? How do we handle this? Answer: Ordinarily an…

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May 03 2024
Harassment & Discrimination

Job transfers may be discriminatory even without “significant harm”

The U.S. Supreme Court has decided that employees who sue claiming their job transfer was discriminatory under Title VII of the Civil Rights Act only need to show they suffered “some harm” from the transfer, as opposed to “significant harm.” Title VII prohibits employers from discriminating against employees with respect to “compensation, terms, conditions, or…

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Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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Feb 23 2024
Harassment & Discrimination

NLRB says employee had right to put BLM initials on apron

The National Labor Relations Board (NLRB) recently ruled that Home Depot violated the National Labor Relations Act (NLRA) when it told an employee not to wear the initials “BLM” on a work apron in reference to Black Lives Matter. Under the NLRA, unless special circumstances exist (such as safety concerns), nonmanagement employees generally have the…

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Jan 15 2024
Harassment & Discrimination

Q&A: Religious beliefs don’t have to be mainstream to be protected

Question: An employee recently asked to be permanently exempted from working overtime on Saturdays, which is a requirement that applies to all production workers. He told me that Saturday is a holy day based on his own personal religious beliefs, but he’s not part of any organized congregation. Do we have to go through the…

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Jan 05 2024
Harassment & DiscriminationSafety and HealthWage and Hour

Mitigate workers’ comp risks: Production slowdowns with an injured employee

When an injured worker is laid off or has their hours reduced because of a production slowdown, you may experience unexpected workers’ compensation issues that could have been avoided with advanced planning. Here are some practical considerations to keep in mind if you must take the unfortunate step of reducing hours or headcount: Eligibility for…

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