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.

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.

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.

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.

The 10 Most Common Mistakes in Documentation

HR Daily Advisor

Documentation is often the key to defending yourself. But there are a lot of mistakes that can make your documentation less effective, says Fentin, who is a partner at Skoler, Abbott & Presser, P.C., Here are Fentin’s top 10 documentation mistakes: 1.

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

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.

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.

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.

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.

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.

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.

‘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.

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.

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.

How to fire a poor performer who complains about discrimination and still avoid a retaliation claim

The Employer Handbook

Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination. So, we need consistent, well-documented reasons for terminating employment. Image by Christos Giakkas from Pixabay. You have an underperforming supervisor in your workplace.

AI is not a Quick-Fix Solution for Discrimination

HRExecutive

However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias? If a vendor says they’re bias-free, ask for documentation.”.

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.

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].

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.

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.

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

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.

How to Avoid Discrimination when Promoting Employees

Insperity

Promotions, which fall under the heading of terms and conditions of employment, are covered by federal and state employment and non-discrimination laws. Discrimination lawsuits related to promotions are most common when there is no standard promotion policy or it is inconsistent or not well documented. Documentation of who is interviewed and why they did/did not get the promotion, etc. You have your eye on an employee you’d like to promote.

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.

Is employee copying of documents protected activity or unlawful stealing?

Ohio Employer's Law

An employee emails a slew of documents to a personal email address, or drags them into a personal Dropbox, or copies them to a stick drive. What if, instead of competing against you, the employee is preparing to go to battle against you in a discrimination lawsuit? Does an employee have a right to copy your documents to prepare a discrimination lawsuit? How did the employee obtain the documents? To whom did the employee produce the documents?

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

The steady increase in retaliation claims is likely due to a number of factors, including the fact that an employee doesn’t have to prove that she was discriminated against or harassed to proceed, and potentially succeed, on a retaliation claim.

Your Guide to the Most Common HR Legal Documents

Namely

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. As an HR professional, it often feels like you’re a jack of all trades.

2nd Circuit holds that Title VII expressly bars sexual orientation discrimination as sex discrimination

Ohio Employer's Law

Yesterday, the 2nd Circuit federal court of appeals (which covers New York, Connecticut, and Vermont) held that “Title VII prohibits discrimination on the basis of sexual orientation as discrimination ‘because of … sex.’”. LGBT discriminationPhoto by Matias Rengel on Unsplash.

When Is a Discrimination Complaint against a Manager an Act of Harassment?

HR Daily Advisor

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? My Manager Discriminates Based on Religion. The post When Is a Discrimination Complaint against a Manager an Act of Harassment?