Legal compliance for many HR people is a major headache. Each situation has some different twist to it that makes you question whether you are making the correct decision. Here are four situations that provide examples of just my point.
This first post shows that reverse discrimination is recognized by the courts as violating Title VII of the Civil Rights Act of 1964. The case involves an employee who was terminated for theft. She was fired. She was also white. She sued because other employees who had done things similar to what she had done were not terminated. They were black. Attorney Alexander P. Berg walks us through this case in “Reverse” Race Discrimination is a Thing. “Racism” Discrimination is Not. Read it, it is very informative.
The ADA causes a lot of HR people heartburn. With the EEOC enforcement guidance many employers feel they are between a rock and a hard place in having to make decisions on employees with disabilities and what is best for the company. Attorney Patrick Smith discusses what to do in a situation where you have a disabled employee and a more qualified candidate vying for a vacant position. Read Does the ADA Require Reassignment to a Vacant Position as a Reasonable Accommodation?
Firing by phone or email
There used to be a commercial for a discount airline that showed a boss firing an employee by phone. The employee then gets on an airplane, shows up at the boss’ speech and tackles him on stage. It is a humorous situation but it does bring up that firing by phone or email may not be the best way to conduct that activity. But what do you do when the employee who is being fired leaves you no option? Alison Green, aka @askamanager, gives us some guidance on what to do in just such a situation in Is it OK to fire an employee by phone or email?
Following rules and the FMLA
FMLA is another area that causes heartburn for many HR people and business managers. Laden with so many rules the FMLA is difficult to deal with for many. However, what many employers don’t realize is, they can set rules for employees that must be adhered to in order to successfully take FMLA. Employers may be protected from FMLA abuse if these rules are not followed. Jon Hyman, attorney and writer of the Ohio Employer’s Law Blog, gives us guidance on such a situation in Failure to follow employer’s reporting rules dooms employee’s FMLA claim. Jon’s blog posts are always good reads.
I also want to thank Jon for his collection of blogs he reads to provide me with the topics in this post today.