The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

It is widely assumed that the NLRB will not bring any cases alleging that a stay-or-pay provision is automatically invalid under the NLRA during this administration. Several other federal agencies have also expressed the view that these agreements are too restrictive, in that they bind employees to jobs they don’t want by threatening large financial penalties for those who quit.

The IRS and ICE have signed a Memorandum of Understanding under which the IRS will provide information to ICE. Senators have asked the Treasury Inspector General for Tax Administration to look into ICE’s access to taxpayers’ data and how it plans to use it.

When an employee requests FMLA leave or even just asks about leave for a serious health condition, make sure you provide the proper FMLA forms. Never brush off such a request or tell him he doesn’t need to “apply” for FMLA leave. A casual approach can backfire badly.

We suspended an employee without pay for violating our attendance policy. Is that OK?

We’ve said it many times, but it bears repeating: The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was.

Most disability accommodations don’t cost much at all to provide. Penalties for violating the ADA by not accommodating an employee’s health needs can be expensive indeed.

It is legally risky to run an internet search to find out more about job applicants, especially if you are looking for information about a medical condition. It’s too easy to find information that should play no role in the hiring process. The likely result: a disability discrimination lawsuit.

Do you wear your seatbelt? If you do, you’re a lot less likely to be injured in a car accident. Diversity, equity and inclusion policies, according to guidance issued by 16 states, operate in much the same way—good DEI policies lessen the possibility of unlawful discrimination in the workplace.

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