Management’s Workplace Blog – Information and Insights for Employers
It dumbfounds me how creative people can be in coming up with new ways to harass others. Take, for example, the recent case of Royal v. CCC&R Tres Arboles, LLC, which involved a complaint of sexual sniffing. Yes, sniffing. Like a dog.
A female employee worked as an apartment complex leasing manager for only…
Given all the emphasis on employees’ rights under various laws, employers are sometimes confused about their own rights. The Americans with Disabilities Act (ADA) is a perfect example. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities in order to enable them to perform the essential functions of their jobs. …
Sometimes people think it’s ok to use a racially offensive term as long as they are a member of that race. For example, many members of the predominantly Black hip-hop culture use the N-word to each other. The problem is that other Blacks find that unacceptable. And in the workplace, it can lead to liability,…
Some employees seem to think that if they take leave under the Family and Medical Leave Act (FMLA), they are protected from any and all discipline. Some employers, confused by FMLA’s many requirements and restrictions, appear to agree. But the reality is that FMLA doesn’t insulate an employee from the consequences of her bad behavior. …
In a ruling that will strike fear into the hearts of managers everywhere, the 6th Circuit Court of Appeals held that managers can be held individually liable for discrimination under Title VII. Yes, that means if you’re a manager, you can be sued personally and potentially be on the hook – personally – for…
It’s a classic case of damned if you do, damned if you don’t. Employers have an obligation to protect their employees from discrimination or harassment by third parties, including patients, customers, clients, vendors, and contractors. But in the case of Blackburn v. State of Washington Dept. of Social and Health Servs., the employer’s attempt…
So many of my clients are dealing with Family and Medical Leave Act (FMLA) abuse by various bad apple employees. I really feel their frustration because, as many of you know, it is really challenging to address FMLA abuse effectively given the law’s broad protections for employees. So it’s nice when, every once in a…
I often say (only somewhat flippantly) that we are all disabled, but the newly released fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) seems to really go out of its way to make that point. The DSM-5, which is produced by the American Psychiatric Association, serves as the authoritative guide on…
Family and Medical Leave Act compliance can be one of the more challenging tasks employers face. Some employers attempt to avoid the headache of FMLA administration by hiring a third-party administrator. But employers beware (!) – outsourcing will not solve all FMLA problems. An employer still needs to make sure it knows what is happening…
As sexual orientation becomes more mainstream (not that I’m saying it’s accepted everywhere, by any means), gender identity issues are getting attention in our society. Think of Bradley/Chelsea Manning, for example – his gender identity change added a crazy twist to an already juicy story about betraying our country. When someone chooses to identify with…
