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7 of the Biggest Business Risks in 2017 (Part One)


He’s appeared in state and federal trial and appellate courts in discrimination, harassment, retaliation, wrongful discharge, non-compete, trade secret, and contract litigation. The post 7 of the Biggest Business Risks in 2017 (Part One) appeared first on Talmetrix.

That’s What No One Tells You About Hiring Women in 2017


Picture this: It’s 2017, but gender imbalances still occur in companies. To hire female talents in 2017, recruiting managers should also focus on providing the information about pay equity. But here’s the rub: The argument that women aren’t interested is no longer valid in 2017.

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National Origin, Discrimination, and Employers—Oh, My!

HR Daily Advisor

Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is most often an intentional act, such as a failure to hire someone based on his race.

Religious Discrimination Hazards on the Rise

HR Daily Advisor

Religious discrimination hasn’t been a major concern for employers in recent years. Segal, a partner at Duane Morris, also noted that employers have experienced an increase in religious discrimination claims in recent years.

Your Guide to the Most Common HR Legal Documents


When it comes to drafting legal documents, it may feel like you should enroll in night law school or watch some Law & Order SVU to successfully handle the ever-changing tasks assigned to you. While both your company and its employees may take these documents for granted, you know there’s a lot of strategic thinking and work that goes into drafting them. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company.

Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

Well, this reader note shows me that’s not always the case. He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. There are other resources as well.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation. By Steve Jones. The U.S.

Make Your HRIS Work for You!


The system will allow you to enter this information as well as copies of licenses and expiration dates. By monitoring areas such as attendance, learning and development, and employee reviews in the HRIS, the employer has a wealth of information and documentation for any future promotions or demotions. This information, if current, could save the employer from claims of discrimination and risk. Is my organization at risk for lack of documentation?

ADA: How to spot — and safely deny — unreasonable accommodation requests

HR Morning

To that end, the presentation highlighted the five essential steps of the interactive process, which include: Discuss the problem with the employee and, if necessary, obtain documentation. Document every step along the way.

ISM Number Two: SexISM Replayed

OmegaHR Solutions

Though this is just one interpretation of the term it has been generally been taken to mean that women have had a history of being discriminated against in the workplace. However, the 20th century saw a number of laws passed that moved to lessen or eliminate the discrimination.

Beyond the Wall—Immigration, Employers, and the Trump Administration (Part 2)

HR Daily Advisor

Here we take a look at more potential changes to legal immigration-related actions the Trump administration could take, as well as some “Dos and Don’ts for employers preparing for such changes. Employment Law BLR documentation employment President Obama

These EEOC wellness rules kick in Jan. 1: Are your plans ready?

HR Morning

1, 2017 may still seem pretty far off, but now’s the time to make sure you’ll be in compliance with the EEOC’s new wellness rules that kick in on New Year’s Day. Health and wellness plans tend to go hand in hand. wellness programs).

EEOC Issues New Rules on Employer Wellness Programs


Today, the federal Equal Employment Opportunity Commission (EEOC) issued final rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that are part of a group health plan.

Tips for Avoiding Retaliation Claims

HR Daily Advisor

Or, what if an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination, but the EEOC also does not find any wrongdoing? For example, everyone involved should understand how to handle a harassment or discrimination claim.

When Is an Employment Action Significant Enough to be Adverse?

HR Daily Advisor

A recent 3rd Circuit Court—which covers Delaware, New Jersey, and Pennsylvania—decision raises questions about when an employment action is significant enough to constitute an adverse action within the scope of state and federal discrimination laws.

EEOC outlines 4 new approaches to fight workplace harassment

HR Morning

Well-trained investigators, who document all the steps they take. Discrimination & Harassment Employment Law Special Report checklists eeoc task force

FLSA Recordkeeping Requirements and the Lilly Ledbetter Fair Pay Act

HR Daily Advisor

Supplementary records—documents serving as the source documents for other payroll records maintained by an employer—must be preserved for at least 2 years. Compensation FLSA/Wages discrimination employer FLSA Lilly Ledbetter Act

Issues around accommodating pregnancy

OmegaHR Solutions

She said that employers need to be on top of coordinating with the FMLA, medical marijuana, wellness programs, and pregnancy under the ADA. Document that you had the discussion. Employers must be prepared to accommodate pregnant employees under the ADA standards.

The trend to ban salary history in the hiring process expands

OmegaHR Solutions

The ban on asking salary history questions is based on the premise that part of the reason for the disparity in salary between men and women is continued effects of past discrimination. The disparity is well documented but there is a major disagreement on the causes of such a pay gap.

6 top tips for preventing ageism in the workplace


The Age Discrimination in Employment Act (ADEA) protects individuals 40 and over from discrimination in any decision made during the full cycle of employment – including everything from hiring, termination, pay, job duties and beyond. Fifty years after its enactment, one in four discrimination claims are still related to ageism, according to the EEOC. Follow these tips to help prevent age discrimination in your organization.

‘Put on your big boy pants’: Takeaways from man’s retaliation suit

HR Morning

When a male employee in a predominantly female workforce voices a gender discrimination complaint, it’s probably not the best idea to tell him to “suck it up” and “put on your big boy pants.”

EEOC on Wellness Programs and EEO-1s

Ohio Employer's Law

The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements. Wellness. On May 17, EEOC issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from employees and their family members. ADA EEOC genetic information discrimination

Regulations written for big companies make life difficult for small companies

OmegaHR Solutions

The EEOC states in this guidance document: “Leadership, accountability, and strong harassment policies and complaint systems are essential components of a successful harassment prevention strategy, but only if employees are aware of them.

6 common manager mistakes that can get your company sued

HR Morning

What do employment attorneys see as the common thread that lands well-meaning employers in court time and time again? Sloppy documentation. Managers’ documentation should never, ever seem subjective.

This one will get you to hire slow and fire fast to avoid retaliation claims

The Employer Handbook

As in faster than an employee can complain about discrimination to HR or to the EEOC. Caller: Well, you see Eric, we want to terminate the employment of [insert name of employee with 15 performance issues over 6 months; maybe 1 of which is actually documented]… waits for it.

The 6 Ways “Covfefe” Can Improve HR Compliance

The Employer Handbook

Well, his Press Secretary, Sean Spicer, told reporters , “The president and a small group of people know exactly what he meant.” Well, I did of course. Check enough boxes, however, and an exempt employee is, well, exempt from these requirements. Yes, the EEOC has a resource document to help employers. Fourth, covfefe documents FMLA and sniffs out leave misuse like a boss! Well, thank the heavens for covfefe.

Employee Termination: 6 Things to Consider Before You Fire


A well-thought-out firing decision may actually strengthen employee morale and let employees know that you’re serious about upholding your company’s policies and work ethic. Be sure to document each step and decision you make whenever you’re discussing work performance with an employee for a fool-proof termination. Terminating an employee is not for the faint of heart.

5 Strategies to Reduce the Risk of Workplace Violence Resulting from Termination

HR Daily Advisor

On the checklist, we should include items such as the substantive reason for termination and special risks to consider, including possible claims of discrimination or retaliation if there are any open investigations. Is the counseling documented? by Stuart Silverman.

Another case of “bad” HR- Misusing medical information

OmegaHR Solutions

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits disability discrimination, including making pre-offer medical inquiries. If an accommodation is required there has to be a documented and interactive discussion around the request for an accommodation.

Taming the Workplace Bully: 10 Signs Your Employees are Being Bullied

HR Daily Advisor

of KarenMichael PLC, a presenter at SHRM’s 2017 Annual Conference & Exposition in New Orleans. An employer’s investigation results should be balanced, taking into consideration the good work that the bully does as well as the damage the bully has inflicted on the workforce.

CalChamber Status Update on Major Employment-Related Legislation


Gutted and amended March 20, 2017 to a different subject area. Pregnancy Discrimination. Opposition removed due to April 20, 2017 amendments. September 15 is the last day for the Legislature to pass bills to the Governor for consideration.

Are toxic employees ruining your workplace?


level skills in work avoidance, other team members may be overwhelmed and resentful for taking up the slacker’s, well, slack. HR may need to be part of these conversations to document what’s said and done should this behavior not improve or become more severe. Such extremists cause severe loss of productivity, high turnover, lost clients and charges of discrimination or harassment.

Ask the Expert: Must We Allow Employee’s Service Animal on Job Site?

HR Daily Advisor

Once you have documentation of the employee’s disability and need for accommodation, you can determine the appropriate accommodation for the employee. Question: We have an employee who is getting a service animal and wants to know our policy on it.

Learning from the Sterling Scandal


With the salacious details of the Sterling Jewelers pay-discrimination lawsuit still sickeningly fresh in our minds, many of us have been asking how such behavior — as alleged by 69,000 former employees — could happen at such a large company. On the matter of pay and promotion discrimination, the accusations are “not substantiated by the facts,” Signet Jewelers Limited, the parent of Sterling, said in a statement. Here is a look at what the documents revealed.

5 Steps to Help Employers Stay Compliant with the ADA

HR Daily Advisor

and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans. Farrell writes extensively on the topics of workplace discrimination, unlawful harassment, retaliation, and reasonable accommodation.