As we talked about yesterday , retaliation suits may be dumb, but they happen with increasing frequency. What should HR do? Here are tips from attorney Joan S. Farrell, BLR Legal Editor: 1. Have a written policy. As the backbone for your anti-retaliation program, initiate a policy prohibiting retaliation...

Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act. Laws prohibiting retaliation as a form of workplace discrimination have expanded...

Below is a special report filed by Steve Bruce, a BLR editor attending the SHRM Employment Law and Legislative Conference in Washington, DC this week. Almost all lawsuits are preventable, says attorney Jody Katz Pritikin, and retaliation lawsuits are among the easiest to prevent. Pritikin, a featured...

One of the trickiest moments in HR is when your investigation shows that your department is implicated. In today's CED, Denise Kay, Esq., tackles that challenge, and we get a look at a special program just for smaller HR departments. Kay, who is SPHR certified, is president of Employment Practices...

Why do employers fail to investigate? asks Denise Kay, Esq. "The number one reason is that they don't know what to do. Employers are especially fearful when agencies are involved." Typical reasons that managers fail to even start an investigation, says Kay, are: They think it's cut...

Yesterday , we looked at textbook cases of what not to do when you receive a complaint about sexual harassment occurring on a business trip. Today, 5 tips for proper response, along with info about a valuable sexual harassment training resource. Time Is of the Essence Once a harassment complaint is made...

The more employees travel for business, the more exposure employers have - often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas...

California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment...

You can't ... and you shouldn't want to ... just terminate problem employees. There's a better way. Here's how to train on it. Attendance problems. Poor job performance. Safety violations. Abuse or theft of company property. If you've got problems like these at your workplace, you're...

One of the best tools for preventing and eliminating discrimination and harassment in the workplace is a written company policy. Such a policy should express strong disapproval of discrimination and harassing behavior and should stress that the company will take appropriate disciplinary action against...

" Yesterday , Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we'll get his take on reacting to anger and violence, and we'll get a look at a unique program for the small (even one-person) HR department. Sometimes people think anger leads to violence, so they...

The EEOC has announced that the long-awaited final regulations implementing the ADA Amendments Act (ADAAA) will be published tomorrow in the Federal Register. They are, however, available for public view now on the Federal Register website . We'll have much more info on these regs to you shortly...

The U.S. Supreme Court has just ruled, in an 8-0 decision, that retaliation claims aren't limited to the employee who actually engaged in protected conduct. The case, Thompson v. North American Stainless , involved a woman who filed a sex bias charge against her company. The company then turned around...

The federal Department of Labor has launched a new "Bridge to Justice" program that connects workers with legal beefs to local attorney referral networks. The program launches today. In the words of the DOL: When it is difficult for workers to pursue redress for denied rights, it makes it easier...

You always encourage employees to bring their complaints to you, so you're glad that Sally came forward and told you about her boss's unwelcome advances. But there's a catch: "I don't want you to investigate," Sally tells you. "I just thought you should know." If you're...

If an employee comes to you complaining about alleged harassment, it's a no-brainer: You launch an investigation, end of story. But what about an employee who comes to you with a bullying complaint? While bullying itself is not technically illegal, bullying can be one way in which discrimination...

The state Department of Fair Employment and Housing (DFEH) just announced that Verizon has agreed to pay up to $6,011,190 to current and former California employees to settle a class action lawsuit the DFEH filed challenging the company's family medical leave practices. The settlement, which is subject...

In today's Daily, Attorney Barbara Meister Cummins shares the 10 most lawsuit-attracting lines she hears from managers. Fortunately, she says, managers can be easily trained to avoid them. Cummins, principal of the Law Offices of Barbara Meister Cummins in New York City, offered her remarks at a...

Final regulations implementing the employment provisions (Title II) of the Genetic Information Non-Discrimination Act (GINA) were issued today by the U.S. Equal Employment Opportunity Commission (EEOC). GINA prohibits employers from discriminating against employees or applicants on the basis of genetic...

You know you can't retaliate against an employee who has a valid wage claim. But what about an employee who mistakenly thinks he has a wage claim? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California...