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Showing posts for: Harassment & Discrimination

Jul 01 2019
DisabilityHarassment & DiscriminationSafety and Health

Employers need objective basis to require fitness-for-duty exam

A federal district court recently ruled that a police department complied with the Americans with Disabilities Act (ADA) when it required a bomb squad technician to undergo a fitness-for-duty exam. Their justification? The city had an objective basis for the fitness-for-duty exam request. In this case, the technician was experiencing hand tremors that may have…

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Jun 10 2019
Harassment & DiscriminationWashington

New law in Washington protects isolated workers

Washington has a new law intended to prevent the sexual harassment or assault of certain isolated workers. The law applies to every hotel, motel, retail, security guard entity, or “property services contractor” that employs a custodian, security guard, hotel or motel housekeeper, or room-service employee who spends a majority of their working hours alone. (A…

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Jun 10 2019
Harassment & DiscriminationOregon

All Oregon employers must comply with new anti-harassment law

On June 4, the Oregon legislature passed SB 726, which will (1) extend the statute of limitations from 1 year to 5 years for complaints and civil lawsuits related to harassment and some types of discrimination; (2) restrict the use of nondisclosure (NDA), nondisparagement, and no-rehire agreements; and (3) require employers to adopt extensive anti-harassment…

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May 17 2019
Harassment & Discrimination

Saying “a lawyer made me do it” can destroy attorney-client privilege

Question: As an HR manager, I’m concerned about sharing legal advice that I receive on behalf of the company. What are the rules around this? Answer: All parties to an attorney-client communication made for the purpose of providing or obtaining legal advice must take steps to protect confidentiality. If you or someone else at the…

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May 06 2019
CaliforniaHarassment & DiscriminationTermination & Resignation

Termination was for threats, not age discrimination

A drug store pharmacist who had been employed by a company for 34 years was terminated for threatening to use a gun at work, not because of his age or for reporting discrepancies in the store’s drug inventory, ruled a federal district court in California. A coworker reported to HR that the pharmacist had entered…

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Mar 08 2019
Harassment & DiscriminationQ&A

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Answer: Yes, there are legal compliance concerns here that must be addressed before any employment action is taken. The employee’s complaints of harassment by coworkers and hostile treatment by the manager should be investigated thoroughly and promptly. Offsite or off-duty conduct can be illegal harassment if it has an effect in the workplace, so employers…

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Dec 20 2018
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Know how to handle the aftermath of a harassment investigation

Answer: In this type of situation and environment, be mindful of potential retaliation. No matter how hard you try to keep the complaint and investigation process confidential, harassment complaints not only affect the employees directly involved, but tend to stir up tension within the workplace. Rights of Those Involved State and federal laws prohibit retaliation…

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Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

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Dec 14 2018
Harassment & Discrimination

Employer’s failure to stop harassment by customer leads to $250,000 jury award

A federal appeals court confirmed a jury award of $250,000 against a grocery store whose female employee was stalked by a male customer at work. The employer ordered the customer to avoid the employee, but failed to ensure the customer complied. For the next 13 months, the customer continued following the employee around the store…

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Aug 06 2018
DisabilityHarassment & DiscriminationQ&A

Q&A: “100-percent healed” return-to-work policy violates ADA

Answer: Yes, we recommend changing your policy. The federal Americans with Disabilities Act (ADA) requires employers to reasonably accommodate an employee with a disability, and that may include an employee with temporary or ongoing medical limitations or restrictions. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), a medical certification or doctor’s note…

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Jul 05 2018
Harassment & DiscriminationQ&A

Q&A: Informal harassment complaints should be taken seriously

Answer: While it’s ideal for employees to follow the reporting procedure in your harassment policy, unfortunately that procedure may not always be followed. When you receive information about inappropriate behavior by other means (e.g. a manager observes the behavior; an employee mentions it in passing to a supervisor; employees are overheard talking about it, etc.),…

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Jul 02 2018
Harassment & DiscriminationHiring

Q&A: Limit on prior work experience in hiring may be age discrimination

Answer: You’re taking a big risk by doing so. You may want to reconsider your job requirements in light of a recent federal court decision. The U.S. Seventh Circuit Court of Appeals has become the first federal appellate court to rule that the Age Discrimination in Employment Act (ADEA) prohibits employers from hiring practices that…

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