Saturday April 27, 2024

Criminal background checks: Two cases show what judges are thinking

You recall that last year, the EEOC announced its heightened interest in the use of background checks for job applicants, warning that the checks could have a disparate — and unlawful — effect on minority candidates. Two recent cases offer a look at how the background check issue figures in today’s workplace.   The first […]

Everything HR needs to know about new ADA guidance

The Equal Employment Opportunity Commission (EEOC) just unleashed over 40 pages of revised guidance on a handful of disabilities that many HR pros deal with regularly. In case you don’t have time to slog your way through it all, here’s an extensive overview. The agency has revised its guidance and Q&A forms for four medical conditions […]

Is it an ‘essential function’ if worker almost never has to do it?

What makes a part of a staffer’s job an “essential function”? That’s the question a court answered recently after a worker claimed he was fired for being unable to perform a part of his job that he was almost never required to do.   Jeffrey Knutson was a location general manager for a frozen food […]

Minor incidents add up to major trouble in ‘hostile environment’ suit

When it comes to workplace harassment claims, little things do, indeed, mean a lot.   Hostile work environment cases can be tricky – after all, there’s no objective line where a series of incidents becomes severe or pervasive. Cumulative effect But as this case shows, even if individual incidents don’t add up to a hostile […]

Workers can be both employees and ICs, IRS rules

There are some things you just know: The sun will rise, Friday follows Thursday and if a worker is an employee, he or she can’t be an independent contractor (IC). Right? Well, you might want to double-check your calendar because at least one of these truths has just been discredited.   IRS recently came out with a Chief Counsel Ruling (IRS […]

Employer rules can’t be stricter than FMLA’s, judge says

A recent FMLA lawsuit provides a valuable lesson in what NOT to do when employees request medical leave.   Heather Curry was a manager of a Goodwill Center in Campbellsville, KY. On July 22, 2009, Curry informed her supervisor that she’d need to take medical leave to have surgery. She indicated her leave would start […]

Crafting an effective written response to an EEOC complaint

Once the paperwork is gathered and the witness interviews complete,  it’s time to craft a written response to an EEOC complaint. Here’s a seven-step process for drafting an airtight position statement.   Position statements, along with any supporting documentation, are an employer’s opportunity to lay out their own version of what happened. The goal is […]

Talent Management Leadership in Professional Services

This paper identifies the market trends driving the need for new talent management priorities and provides a talent management framework. It also outlines key metrics that firms can manage as well as key initial steps. Click here to learn more!   Tweet This Post

Beware the byte: Will your digital records cut it in court?

Every HR pro knows the importance of comprehensive recordkeeping, especially when employee lawsuits are involved. In the old days, that took the form of a paper trail. But today’s employers are faced with a brand-new nightmare: Digital documentation.   Even the judicial system, often slow to react, has recognized that electronic storage of records is […]

Traditional HR Technology Is Failing Us and a Revolution to Replace It Has Begun

Surveys show that most HR professionals are ready for a completely different approach to HR technology. They want technology solutions that help their organizations’ people be great at what they do and not just record what they did. The Talent Expansion Manifesto, a new white paper from SumTotal, explains why the traditional approaches to HR […]