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October 11, 2021

A $3.525 million settlement highlights that employers cannot use staffing agencies to discriminate in hiring

Most employers realize they can’t discriminate against candidates for employment by seeking someone “younger” or seeking “male only.” Likewise, they shouldn’t be hiring a staffing agency to discriminate on their behalf. Staffing agencies also cannot comply with a client’s request for a preference in a candidate that could result in discriminatory recruitment and hiring practices. […]

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October 2, 2021

Employer have rights to the required medical documentation for those seeking a vaccine exemption due to a disability

What can be requested from workers seeking a vaccine exemption because of a disability? It is an important question to ask these days. For instance, is it sufficient for a worker to present to his employer medical documentation from a health care provider that simply states, “I have been treating Fred for diabetes and as […]

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September 25, 2021

Employees are exhausted and burnt out – and so are employers

Employees are exhausted and burnt out — and so are employers. Nike recognized this mental health breaking point and recently announced it would close its headquarters office for a week to give employees a break. The company posted a statement online that employees were to “take this time to unwind, destress and spend time with […]

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September 18, 2021

How should businesses respond to Biden’s vaccine mandate?

President Joe Biden recently announced that he will instruct the Department of Labor to mandate all companies that employ more than 100 workers to require vaccinations or weekly COVID testing. This announcement has left many employers questioning whether they must immediately comply, and whether such a rule will withstand legal scrutiny. Nothing has changed for […]

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September 13, 2021

Your employee presents a letter saying she is exempt from the COVID vaccine due a religion you’ve never heard of. Now what?

More employers are mandating COVID-19 vaccines, and this has set off a flurry of requests for exemptions – for both medical and religious reasons. Companies must carefully evaluate each medical and religious exemption request, engage in the interactive dialogue and can obtain documentation. For every request, the assessment is a case-by-case analysis and not one-size-fits-all. […]

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September 6, 2021

Taming the workplace bully is necessary to help avoid a toxic or hostile workplace

Workplace bullies are real and dangerous. Studies show that while most bullies are managers, they can also be co-workers, subordinates who possess power and can “bully up,” or even customers and third parties. Bullies have distinct behaviors. They delight in intimidating, degrading, demeaning and humiliating others. They typically have a target or multiple targets. They […]

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August 30, 2021

Planning is key when terminating an employee

Terminating an employee is difficult and requires advance planning. Companies typically dread even the thought of having to terminate an employee, let alone consider all the extraneous details. Terminations have been made particularly complicated by the remote work environment. The risk of terminating an employee without planning was recently highlighted when an HR executive from […]

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August 21, 2021

Gender stereotypes cost a Florida dealership $500,000; decision should prompt companies to look at promotion practices

A Florida jury awarded $500,000 to a female sales manager at a Harley-Davidson dealership in punitive damages following a lawsuit filed by the Equal Employment Opportunity Commission for gender discrimination. The EEOC alleged the woman was denied a promotion to a general manager position at its Tampa dealership because of her gender. The dealership was […]

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August 15, 2021

Vaccine mandates are rapidly changing the employment landscape

The COVID-19 delta variant has forced employers to rethink return-to-the-office plans as well as vaccine mandates, while employees continue to push back on both. Gov. Ralph Northam announced in early August a mandate that certain state employees receive the vaccine by Sept. 1 or receive weekly testing, impacting about 122,000 employees. In the announcement, the […]

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August 10, 2021

Employers should view the findings from the investigation of Cuomo as a wake-up call to action

New York Gov. Andrew Cuomo has been found to have engaged in sexual harassment of at least 11 women following an independent investigation. The far-reaching report identified behaviors by the governor that are entirely inappropriate for any workplace. The investigators concluded that Cuomo created a hostile working environment for the women who were interviewed. Cuomo […]

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