Deciphering the feds’ changing position on LGBT employment protections under Title VII

Diversity Insight - Sun, 11/19/2017 - 05:53

by Molly DiBianca In a memo issued on October 4, 2017, U.S. Attorney General Jeff Sessions formally declared that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on transgender status. The memo directly conflicts with the position of the Equal Employment Opportunity Commission (EEOC), which has long argued that...

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EEOC alleges medical exams and questionnaires violate ADA, GINA

Diversity Insight - Sun, 11/19/2017 - 05:50

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a...

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Thanksgiving: More than a day off work for HR

HR Hero Line - Fri, 11/17/2017 - 05:00

As the Thanksgiving holiday nears, many are pausing to reflect on what they’re thankful for in their personal lives. But the season also can be a time for people to consider what they appreciate about their work lives.  What should human resources professionals be thankful for? For starters, innovation that has brought about an elevation of the...

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Court declines invitation to find LinkedIn post violated nonsolicitation agreement

Technology for HR - Thu, 11/16/2017 - 05:00

by Steven L. Brenneman Many business professionals frequently send and receive invitations to connect on LinkedIn and other social media sites. Recently, the Illinois Appellate Court wrestled with a company’s claim that its former sales manager breached nonsolicitation covenants by sending LinkedIn requests.  Profile Bankers Life and...

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Employers in limbo as government entities differ on meaning of laws

HR Hero Line - Wed, 11/15/2017 - 05:00

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on the same issue: the...

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When the floodgates open, expect water at your doorstep

EntertainHR - Mon, 11/13/2017 - 19:00

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to […]

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Prepare for job interviews to land the best employees

The Oswald Letter - Mon, 11/13/2017 - 11:35

Note from Dan Oswald: This week’s Oswald Letter was written by Scott Peek, the customer service supervisor at Simplify Compliance. I think he makes a great point and that his thoughts are worth sharing. by Scott Peek When interviewing, it’s important to remember that you’re being interviewed, too. We all know that when interviewing potential...

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Who’s lying? Avoiding retaliation claims can be tricky

HR Hero Line - Fri, 11/10/2017 - 05:00

It’s tough to make employment decisions when you can’t be confident that the facts are known. And facts are often hard to figure out with absolute certainty. Recently, a group of attorneys focusing on employment matters tackled a question from an employer about how to handle an employee who accused his manager of disability discrimination and...

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What can you do when an employee gains unauthorized access to coworkers’ e-mail?

Technology for HR - Thu, 11/09/2017 - 09:03

by Tom Harper An employee’s unauthorized access or “hacking” of another employee’s electronic messages is a common concern in the workplace. Is such conduct illegal? Yes. Are there remedies for it? Yes. The U.S. 11th Circuit Court of Appeals (whose rulings apply to all Alabama, Florida, and Georgia employers) recently...

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More than a hunch: making better hiring decisions

HR Hero Line - Wed, 11/08/2017 - 05:00

by Tracy Lindow Recently, I overheard a conversation between two department managers in the hallway of a client organization:  Manager A: “I will not be in our staff meeting today because I have to interview a candidate for the vacancy in my department at 9:00 a.m. If she shows up on time and has no criminal record, I am going ask HR to...

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Workplace romances: Do they ‘Suit’ your company?

EntertainHR - Tue, 11/07/2017 - 13:00

Like almost everyone I know, I love the ability to binge-watch television series these days. In fact, it is a rare occurrence that I ever watch any show at the time it actually airs. (This Is Us is a notable exception for me.) Instead, I enjoy delving into these characters’ lives several hours at a […]

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The power of an authentic you

The Oswald Letter - Mon, 11/06/2017 - 10:02

This week’s Oswald Letter is a guest post from Elizabeth Petersen, Simplify Compliance’s executive vice president of strategy and revenue. by Elizabeth Petersen At a conference earlier this year, I had the honor of moderating a lively, open, and engaging roundtable on women’s leadership. I opened the session by asking the participants...

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Heaps of paper or storehouses of data? Exploring ways to keep HR records

HR Hero Line - Fri, 11/03/2017 - 05:00

No one disputes the importance of proper recordkeeping in the workplace. But what’s the best way to keep that information? In bulky paper files kept on-site or maybe entrusted to a vendor to be kept off-site? Perhaps an employer’s information, both routine and sensitive, should be kept in a digital format. And if electronic storage sounds...

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Microchipping employees creates lots of risk and unanswered questions

Technology for HR - Thu, 11/02/2017 - 07:42

by Justin Lessner A Wisconsin-based technology company, Three Square Market, recently announced a pilot program to implant microchips in its employees. There’s significant risk and uncertainty for employers considering such a program. This article addresses the potential risks of microchipping employees and the many unanswered privacy and...

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Conducting unbiased investigations: tips from the Russia probe

HR Hero Line - Wed, 11/01/2017 - 05:00

With the recent indictments of Paul Manafort and Rick Gates, special counsel Robert Mueller’s investigation into Russian influence in the 2016 election is front-page news once again.  While most of the press and President Donald Trump’s initial tweets focused on whether Mueller could be fair and unbiased in his investigation, the most recent...

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Halloween at work: Don’t get BOOed by your employees!

EntertainHR - Mon, 10/30/2017 - 17:23

Halloween can be such a fun holiday for kids of all ages. When October 31st falls on a weekday, as it does this year, ghoulish fun will certainly creep its way into the workplace. How can you, as a human resources professional, ensure that the day is more fun than it is scary? Simple. Just […]

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When you believe, anything is possible

The Oswald Letter - Mon, 10/30/2017 - 09:35

by Dan Oswald If you’ve been around a while like I have, you might remember the 1980 Olympic “Miracle on Ice,” where the upstart American men’s ice hockey team defeated the heavily favored Soviet Union team. As the clock wound down to the final seconds of the game and it became apparent that the U.S. team would upset the Soviets, veteran...

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High profile or not, sexual harassment claims require employer action

HR Hero Line - Fri, 10/27/2017 - 05:00

Sexual harassment—the subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing...

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NLRB to supervisors: Don’t text and interrogate

Technology for HR - Thu, 10/26/2017 - 07:30

by Carita Austin On June 7, 2017, the National Labor Relations Board (NLRB) issued a decision in which it found that an employer violated the National Labor Relations Act (NLRA) when a supervisor unlawfully interrogated an employee by sending him a text message questioning whether his allegiance was to the company or to the union. Although the...

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Take this off your fall ‘to do’ list: EEO-1 delayed in part and suspended in part

HR Hero Line - Wed, 10/25/2017 - 05:00

by Brian Bouchard As you may have heard, we recently received some good news regarding the EEO-1 pay data collection that would have gone into effect in March 2018.  On August 29, acting chair of the Equal Employment Opportunity Commission (EEOC) Victoria Lipnic issued a statement indicating that the Office of Information and Regulatory...

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