April 24, 2025
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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April 23, 2025
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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April 23, 2025
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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April 22, 2025
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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April 22, 2025
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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April 21, 2025
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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April 21, 2025
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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April 18, 2025
Avoid these 4 layoff lawsuit triggers

In addition to being gut-wrenching for HR, layoffs are a legal landmine. Here are four layoff errors to avoid.

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April 18, 2025
HR amid economic uncertainty: Is now the time to ban moonlighting?

According to a recent survey from the Bureau of Labor Statistics, a record number of people are working more than one job. Here are some options if you want your employees to devote more productive hours to your enterprise.

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April 17, 2025
Record-keeping may include social media

Communication that used to take place over landlines or at a press conference now takes place over a long list of social media services. What happens in the case of a lawsuit?

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