By Robin E. Shea on Posted in Blacklisting,Defamation,Discrimination,Harassment,RetaliationEmployers who provide bad reference information about former employees can be vulnerable to claims for defamation, retaliation, and state anti-blacklisting statutes.
However, there are occasions when it is prudent to provide more than "Name, rank, and serial number" to (1) avoid incurring liability when a bad employee does something really, really bad at his next workplace, and (2) maintain good relations with your fellow employers by providing judicious warnings about the bad apples.… Continue Reading
By Robin E. Shea on Posted in Americans with Disabilities Act,Discrimination,Family and Medical Leave ActIn a public hearing conducted by the EEOC on leaves of absence and the ADA, an attorney for the agency provided five warnings for employers. This is a smokin' hot subject, particularly in light of the ADA Amendments Act and its regulations, the "new," more activist EEOC under Chair Jacqueline Berrien, and two recent multi-million-dollar settlements in leave-of-absence lawsuits brought by the EEOC against Sears, Roebuck & Co. and Supervalu, Inc. (Jewel-Osco).… Continue Reading
By Robin E. Shea on Posted in Discrimination,HarassmentBetween "Weinergate," the indictment of John Edwards, and the relatively old news about Dominique Strauss-Kahn and Arnold Schwarzenegger, it is obvious that sexual harassment and related issues are not going away. How can you, as an employer, know when a sexual harassment case is a "dog" for your company? Here are five signs that you might want to answer "yes, please, and thank you, Sir!" when you get that EEOC request to mediate.… Continue Reading