Can Employees Steal Confidential Documents to Prove Discrimination?

TLNT: The Business of HR

that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination. Employee takes documents to support discrimination claim. By Eric B. Meyer.

3 costly mistakes that could be lurking in your documentation

HR Morning

It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. . Creating inconsistencies between documents.

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HR documentation: A step-by-step guide

Insperity

At first, HR documentation can feel like a series of tedious administrative tasks you have to do as part of running a business. However, thorough HR documentation is incredibly important to your business. This is your guide to achieve comprehensive, accurate HR documentation.

Discrimination 101

The Employer Handbook

Ischa1, Helder [Public domain], via Wikimedia Commons A few days ago, I blogged about How does one of your employees actually prove discrimination in court? On Monday, we talked about the first step of that process; namely, the prima facie claim of discrimination.

Why it is important to document a termination

OmegaHR Solutions

Make sure you have documentation for EVERY case of documentation. I have a webinar that I occasionally conduct on the importance of documentation. Why document? Pence says that there are two reasons to document and I agree with him. a discrimination claim).

The golden rules of proper documentation

Business Management Daily

When you’re documenting an incident in the workplace, employ the traditional “who, what, where, when, why” paradigm. You have to assume your documentation will be held under some form of legal scrutiny. Strong documentation systems must be built on three basic principles.

Ironclad Employment Documentation: A Q&A with Susan Fentin

HR Daily Advisor

He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit? Whether it’s a discrimination case, a retaliation claim, or both, the story is the same.

Documentation: Vermont Hospital Heeds HR Words to Live By

HR Daily Advisor

As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Because in the world of employment litigation, documentation is king! Leave Policy/Compliance documentation Vermont

Discrimination Guidance

OmegaHR Solutions

The EEOC reminds us that there are protections against religious and ethnic discrimination that employers must abide by. The EEOC specifically says: “Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color. Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination. The guidance is provided in two documents.

Harassment in the workplace: Document details and track complaints

Business Management Daily

The post Harassment in the workplace: Document details and track complaints appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Human ResourcesThis recent sexual harassment lawsuit case proves that if the matter gets to court, the more details you can provide, the better.

How To Avoid Damages Involving Pregnancy Discrimination

AbelHR

In fact, the Equal Employment Opportunity Commission (EEOC) logged a whopping 2,753 pregnancy discrimination charges in 2019, which represents the lowest rate in almost a decade and is down almost a third from the 4,029 filed in 2010.

Document each stage of progressive discipline

Business Management Daily

Employers with a progressive discipline process have an advantage if a terminated employee sues them for discrimination. The post Document each stage of progressive discipline appeared first on Business Management Daily. Skipping the discipline step? Be prepared to explain why. Centerpiece Firing Human Resources

How to fire someone fairly: Document your decision

Business Management Daily

No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. The post How to fire someone fairly: Document your decision appeared first on Business Management Daily. Be prepared! Centerpiece Employment Law Firing Human Resources

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.

It just got a little easier to charge you with discrimination

HR Morning

Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . Treating workers differently in either process could now lead to charges of national origin discrimination or citizenship status discrimination.

Protecting Your Company from a Discrimination Lawsuit

Stratus

businesses and government agencies paid out more than $482 million to resolve work-related discrimination and harassment claims in 2016, a number that the EEOC indicates is on the rise. As an employer, it’s essential to have policies in place to prevent workplace discrimination, but where do you start? Steps to prevent discrimination and harassment in your workplace. Accordingly, our company has zero tolerance for harassment in any form or other such unlawful discrimination.

How do you prove discrimination (when you’re accused of inappropriate relations with a student)?

The Employer Handbook

Still, it seems like an excellent excuse to get back to basics and explain how courts analyze discrimination claims). She claimed discrimination. On its face, that looks like discrimination. Discrimination and Unlawful Harassment[link]. Beats me.

Documenting Employee Performance—Avoid These 10 Mistakes

HR Daily Advisor

Today, we present Fentin’s top 10 mistakes employers make when documenting employee performance. Forgetting an audience—who will read the document? No supporting documentation—claims made on the appraisal should be supported. In yesterday’s Advisor , Attorney Susan G.

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

The Employer Handbook

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case.

‘Impossible Demands’ Lead to Disability Discrimination Lawsuit

HR Daily Advisor

Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. by John S. Gannon.

Disability Discrimination in the Workplace Costs Employers

HR Daily Advisor

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). So, what should employers do to avoid disability discrimination?

Civil Rights Law Opens Door for DACA Recipients to File Alienage Discrimination Claims

HR Daily Advisor

In 2014, a federal court in New York pronounced that refusing to hire DACA recipients with employment authorization could constitute “alienage discrimination” under the Civil Rights Act of 1866. National origin discrimination and citizenship status discrimination are distinct in nature.

When a previously good performer starts to slide, carefully document decline

Business Management Daily

When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals. The post When a previously good performer starts to slide, carefully document decline appeared first on Business Management Daily.

What is intersectional discrimination and why should you care?

OmegaHR Solutions

The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June.

Coronavirus Q&A

HR Counselor's Corner

An employer’s actions taken during the COVID-19 pandemic should be both consistent and uniform across the organization to avoid the risk of discrimination. Asking employees in high risk categories not to come to work could lead to discrimination claims.

EEOC Issues New Guidance on National Origin Discrimination

Berkshire Associates

On November 21, 2016, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on national origin discrimination. The guidance, which is a sub-regulatory enforcement document, replaces the Commission’s 2002 Compliance Manual section on the same topic.

Caregivers are protected from associational discrimination

OmegaHR Solutions

Caregivers of disabled infants are protected under the ADA from associational discrimination. I have written a couple of times about associational discrimination as you can find here and here. What is associational discrimination you ask?

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. GINA bars employers from discriminating against or harassing employees based on their genetic information. It prohibits genetic information employment discrimination.

Employee Records Retention: What, Why, and How?

Stratus

As an employer, you’re required by law to document every employment action, from posting a job advertisement to offering retirement benefits — and everything in between. According to Eplace Protect , your employee documentation should follow these rules: Be specific.

There’s a chatbot for HR to log discrimination complaints. But, would you use it?

The Employer Handbook

Spot relies on memory science and artificial intelligence to address harassment and discrimination at work. Do you think that your employees would rather report discrimination to a machine than you? Discrimination and Unlawful HarassmentImage Credit: Pixabay.com ([link].

This Employee Beat Dress Code Discrimination With Cosplay

Workology

When Dress Codes Discriminate. Unequal dress code policy enforcement is one of the less subtle ways that employment discrimination manifests, but it can be difficult to fight without very clear documentation and supporting evidence.

EEOC Issues Resource Document on Rights of Individuals with Mental Health Conditions

Berkshire Associates

Equal Employment Opportunity Commission (EEOC) published a user-friendly resource document aimed at advising employees and job applicants with mental health conditions of their rights under the Americans with Disabilities Act (ADA). Recently, the U.S.

What is National Origin Discrimination?

HR Daily Advisor

According to Title VII of the Civil Rights Act, national origin discrimination includes any discrimination based on the person’s place of birth, cultural heritage, accent, or native language. For Employers: Avoiding National Origin Discrimination.

Arbitrary maximum leave policy, disability discrimination costs retailer $8.6 million

HR Morning

Think the feds aren’t serious about enforcing laws against disability discrimination? post documentation related to this settlement. Info: The agency recently released a resource document (i.e., Here’s HR Morning’s breakdown of that document.

What LGBTQ Discrimination in the Workplace Looks Like (& How to Respond)

Thrive Global

The LGTBQ community has made strides in the last few decades to curtail workplace discrimination, but as with other types of discrimination, there is always more work to be done. However, many states (at least 22 as of this writing) and major cities have their own laws protecting against LGTBQ discrimination. LGBTQ Discrimination Today. How To Respond To LGTBQ Discrimination. Well-Being Discrimination LGBTQ syndicated workplace discrimination