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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

A cautionary tale: Lessons from a recent retaliation case

This decision is a warning to employers: Handling whistleblower complaints improperly can have serious consequences.

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Can we ask an employee’s race for EEO-1 purposes?

In documents asking the race of employee, can I ask their race if I’m not sure?

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“Why would you want to do a man’s job?”

That’s one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling and landfill service provider—repeatedly asked female job applicants. As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex-discrimination claim.

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Accommodating AIDS and HIV in the workplace

Under the Americans with Disabilities Act, individuals with a physical or mental condition that substantially impairs a major life function may be entitled to a reasonable accommodation. Having a chronic and potentially deadly viral syndrome may impact one or more of these life functions. Someone with HIV/AIDS may have challenges that require accommodations.

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2 cases caution against discrimination and harassment

Why “dead-naming” a transgender employee and assigning undesirable tasks only to minorities could land you in court.

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What employers need to know about worksite enforcement plans

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations, the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and National Guard in deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.

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Use objective reasons to justify terminations

There are lots of legitimate reasons employers might need to terminate employees. In all cases, HR must review the reason for the termination and ensure the decision will be defensible in court should the former employee decide to file a lawsuit.

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When do PWFA-covered absences turn into FMLA-covered leave?

Suppose an employee states she is going to be absent because she is not feeling well due to pregnancy and is going to see her doctor. We as her employer consider the day to be covered by the Pregnant Workers Fairness Act, so there’s no need for a doctor’s note. But if she continues to need time off because she is not feeling well due to pregnancy, at what point have we moved from time off for a normal pregnancy symptom and into leave?

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What it costs to lose a discrimination lawsuit

It can be frightening to hear an employee has launched a federal discrimination lawsuit. Headlines emphasizing multimillion-dollar jury verdicts don’t help. Here’s what’s at stake should an employee win a discrimination lawsuit.

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Why you might want to track exempt workers’ time

Employees who are properly classified as exempt are paid on a salary basis. Because you must pay them their full salary in any week when they perform any work, there’s generally no need to track every hour and minute they work. But what happens if you classified the worker incorrectly and she wasn’t an exempt employee after all?

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