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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.

Discipline consistently to avoid reverse-discrimination lawsuits

There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.

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Monitor your ‘unofficial’ bulletin board, too

Under federal and some state laws, certain information must be posted on a bulletin board where all employees can see it. But that shouldn’t be the same slab of cork where employees are allowed to offer free kittens, sell cookies or tack up a lost glove.

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Document why hiring committee was overruled

Having a group of employees interview job applicants is a great way to identify the best candidates. But a would-be supervisor may disagree with a hiring committee’s candidate recommendation. If that happens, be sure to document exactly why he or she rejected the committee’s choice.

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Persistence pays off when accommodating disabilities

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

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Your employee handbook: Helpful teacher … and scary betrayer

Somewhere out there, there’s someone very unhappy that he either didn’t get the job he sought from you, or left on terms he didn’t get to dictate. Realizing there’s so little downside to suing an employer, he’ll soon identify one place he can cynically mine for loopholes that he and his lawyer can use to slam you. That place is your employee handbook.

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Disability is no excuse for breaking work rules

Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.

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How should we document that we had to counsel an employee?

I work for a police department. When we need to counsel an employee, but not yet discipline them, how do we document the counseling session?

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Consider accommodation request as illness

An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.

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Change your work rules without courting a lawsuit

Courts don’t like to second-guess employers for managing their businesses as best they see fit. But how (and how consistently) you change those rules can make a big difference in your exposure to legal liability.

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DEI in the crosshairs: Review hiring incentives to ensure they’re not based on quotas

If you pay managers or executives more for achieving diversity, equity and inclusion goals, you might attract the attention of EEOC lawyers intent on curtailing DEI initiatives—and you could find yourself the target of a lawsuit.

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