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Early Warning Signs of Domestic Abuse

Early Warning Signs of Domestic Abuse Forty-six percent of all Type 3/4 violent incidents are caused by a lover, spouse,...

President Biden’s Speak Out Act

Speak Out Act, which invalidates nondisclosure agreements (NDAs) and non disparagement agreements designed to keep employees from discussing instances of...

The Three Part Analysis

The plaintiff's lawsuit rested on indirect evidence, which triggers the three-part analysis. First, the employee must put forth evidence that,...

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights...

Disability Accomodations During COVID

There are many things to consider when returning to in-office work. This Powerpoint presentation highlights the most important concerns. Disability...

Early Warning Signs of Workplace Violence

Text 1:  Type 3 Violence:  Early Warning Signs. Often, when we hear media reports of employees who "went crazy" in...

Guard Against Retaliation

The importance of guarding against retaliation cannot be overstated.  Forty-six percent of the persons, who file harassment claims, also file...

Guard Against Retaliation

The importance of guarding against retaliation cannot be overstated. Forty-six percent of the persons, who file harassment claims, also file for...

What Employers Should Do NOW With National Origin Harassment Requirements

What Should Employers Do in Response to New National Origin Discrimination Regulations That Go Into Effect July 1, 2019 Review the...

A Web Of Retaliation

She Spoke Up About Sexual Harassment At Ernst & Young And Got Caught In A Web Of Retaliation Ernst &...

Sexual Harassment Filings Increase

Retaliation was again the type of discrimination charge most frequently filed with the Equal Employment Opportunity Commission (EEOC) in fiscal...

Denying Lateral Transfer May Be Discrimination

On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons...

9th Circuit Revokes Rizo

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino,1 in...

Guard Against Retaliation

The importance of guarding against retaliation cannot be overstated.  Forty-six percent of the persons, who file harassment claims, also file...

Seventh Circuit Rules Age Bias Protections Don’t Apply to Applicants

A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates...

https://www.youtube.com/watch?v=7AbtaJmE6S8

https://www.youtube.com/watch?v=jkNC7MfLkLE

https://www.youtube.com/watch?v=jAt-2qM5bjw

Beyond Harassment, Avoiding Micro-Aggressions

Comments and Questions People Think Are Acceptable at Work, Might be Offensive Microaggressions are unconscious expressions of racism or sexism....

https://youtu.be/wvDq_oQVZpM  

https://youtu.be/STrloYYc-HQ

Working Overtime May Be An Essential Function Of The Job

  The ability to work overtime can be an essential job function under the Americans with Disabilities Act (ADA), the...

Bipartisan Bill Addressing the #MeToo Movement

A bipartisan bill was introduced Wednesday night in Congress that would prohibit employers from requiring employees to agree to nondisclosure agreements...

Enforcing Civility

New Rules for Promoting Positive Workplaces for Employers and Employees Last month, the National Labor Relations Board approved the maintenance...

Fair Employment Housing Commissions Publishes New National Origin Discrimination Regulations; Limits “English-Only” Rules and Expands Protections for Immigration Status

On May 17, 2018, California’s Fair Employment and Housing Commission (“FEHC”) published the final text of its “Regulations Regarding National...

2.5 Million Age & Gender Award

A manufacturer claimed that it eliminated a quality control supervisor's position during a departmental reorganization, but the California Court of...

Dating In The Workplace

Sexual harassment prevention and response are hot topics now, as they were during the Clarence Thomas/Anita Hill hearing, the Bill...

Dynamex

In a much-discussed decision, the California Supreme Court announced a significant change in independent contractor law, and has adopted a...

Transgender Employees Covered By Civil Rights Act

Sixth Circuit Rules that Discrimination Against Transgender Employee violates Title VII, the Civil Rights Act of 1964. Background R.G. &...

Parallax Education Harassment or Discrimination Investigations Checklist

The following checklist and interview forms are provided to help you conduct a thorough investigation into any sexual harassment complaint....

NBC Sued For Racial Discrimination

Two former “Tonight Show” employees claim NBC fired them at the behest of Questlove. Camera operators Kurt Decker and Michael...

Is Obesity a Disability Under California Law?

Is obesity a disability under California law? Are a supervisor’s alleged “fat remarks” sufficient evidence of disability discrimination? On December...

January Top Cases of 2018

Three of the 10 most groundbreaking and relevant employment cases for HR professionals so far this year raise issues relevant...

Hostile Environment Being Pervasive Or Severe

  Otis Daniel v T&M Protection Services:    illustrative “Where summary judgment was granted for the employer, we must take the...

Subtle Bias

  How often is “cultural fit” a criterion you use to fill a position at your company?   It's very...

Walmart Pregnancy Discrimination Lawsuit

  Two former Wal-Mart Stores Inc (WMT.N) employees have filed a lawsuit accusing the retailer of treating thousands of pregnant...

Daniel v. T and M

  15-560-cv Daniel v. T&M Protection Resources, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS...

DOJ Claims Google Discriminates Against Females

  The United States Department of Labor (DOL) told a judge late last week that Google has discriminated against its...

Retaliation For Using Family and Medical Leave Act

  An employee who claimed that he was fired for taking leave under the Family and Medical Leave Act (FMLA),...

Racial Harassment at FOX News

  NEW YORK (AP) — Two black women who work at Fox News Channel have charged in a lawsuit that...

Employee Fails to Return After Leave and is Terminated

  What are employers to do if an employee has not provided a doctor’s note to continue his or her...

Uber Lawsuit

  The allegations have yet to be proven, however if true, they are problematic:  After a manager propositions female subordinates...

EEOC Position on Transgender Bathrooms

  Even though two federal departments have rescinded guidance requiring schools to let people use bathrooms that match their gender identities,...

EEOC Lawsuit Over Dreadlocks

  An Equal Employment Opportunity Commission (EEOC) lawsuit brought on behalf of an individual whose job offer was revoked because...

7.7 Million Dollar Award Against Chipotle Restaurants

  A Texas jury awarded $7.7 million to a teenager who said she was assaulted and sexually harassed by an...

States Which Require Time Off To Vote

  As stated in the newsletter, many states require employers to grant at least a few hours off during the...

Texas Roadhouse

  Texas Roadhouse franchisee in Ohio agreed to pay $1.4 million to settle a sexual harassment and retaliation lawsuit brought...

New EEOC Guidelines for Investigating Retaliation Claims

  We have been telling our clients for years, – retaliation claims are on the rise.  With the number of...

EEOC Fails to Consider the Religious Beliefs of Company Owner

  Finding that the EEOC failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender...

Off Duty Employee Behavior

  An employee who is off duty isn't necessarily beyond an employer's reach.  The harassment policy should statethat it covers behavior both...

Workers’ Compensation Best Practices from Hiring to Firing

  How to Avoid the Traps Along the Way   Hiring oWhat notices do you need to provide? oJob Descriptions...

EEOC Enters First Settlement in Sexual Orientation Case

  The Equal Employment Opportunity Commission (EEOC) will require an employer to provide extensive training to resolve one of the...

I Didn’t Know Could Become A Valid Defense

  ‘I Didn’t Know’ About Overtime Worked is Potentially a Valid Defense Suppose an employee is nonexempt and that employee...

EEOC Guidance on Employee Wellness Programs

  Rules Address Incentives; Protect Confidentiality WASHINGTON, DC--The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe...

Constructive Discharge Statue of Limitations Clarified

  On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the...

How to Terminate Employees With Dignity

  Acknowledge whatever contribution the employee HAS made to the company In creating training programs on workplace violence, I discovered...

Love Contract

    Sample #1 (Example):     INFORMED CONSENT ACKNOWLEDGMENT     Dear [Jane Dee]:   As we discussed, I know...

Non-Fraternization Policy

Supervisors and Managers:   The company desires to avoid misunderstandings, complaints of favoritism, possible claims of sexual harassment and the...

Guard Against Retaliation

The importance of guarding against retaliation cannot be overstated.  Forty-six percent of the persons, who file harassment claims, also file...

April 1st New DFEH Requirements

The Fair Employment and Housing Council (“FEHC”) has issued new anti-discrimination and anti-harassment regulations with which almost all California employers must comply.  The new regulations...

California Fair Pay Act

For Every $1.00 Paid to a Man, How Much is Paid to a:   Nationwide: California: Woman 78 cents 84...

Nurse Terminated for Passing Out Due to Migraine While Delivering Baby

Jodi Lasher was a registered nurse for over thirty years, working at Medina Hospital since June 2013 as a staff...

Hispanics A Protected Class

Hispanics a “Protected Class” Whether the Protection Derives from Race or National Origin In the Village of Freeport, New York,...

Accommodation FOUR Times Salary NOT Seen as Undue Hardship

Lauren Searls is a graduate of the Johns Hopkins School of Nursing. She earned good performance reviews after completing two...

Intent of “Harassers” Unimportant – It’s the “Totality of the Circumstances”

A black employee is entitled to a trial on her claim of a racially hostile work environment, the 10th U.S....

Federal Trade Commission

Federal Trade Commission, Big Data:  A Tool for Inclusion or Exclusion?   In January 2016 the Federal Trade Commission released...

Worst Response to a Sexual Harassment Complaint

Rebecca Nichols drove a semi-truck for Tri-National Logistics and RMR Driver Services ("TNI"). Because of her poor driving record, TNI...

One Noose Is Enough

Daryle Washington, who is African American, sorted waste for Recology in San Francisco. In December 2013, a noose appeared on...

One Meeting About Accommodating a Disability is Insufficient!

Nicolas Smith worked as a welder for Northrop when he was involved in an off-duty motorcycle accident in 2011, and...

Appeals Case Regarding Weight Restric

New Jersey casino did not violate the state’s anti-discrimination law by enforcing a weight standard for its costumed beverage servers,...

Visecchia v. Alrose Allegria LLC

In Visecchia v. Alrose Allegria LLC, a recent decision from the United States District Court for the Eastern District of...

Early Warning Signs of Violence

Text 1:  Type 3 Violence:  Early Warning Signs.   Often, when we hear media reports of employees who "went crazy"...

Personal Safety Checklist

Exercise 1:  Self Evaluation of Caution Conduct this self-study to identify areas of your life where you can reduce the...

How Far Can EEOC Investigative Powers Go?

In an example which shows just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm...

Employee Who Threatened to Kill Management Not a Qualified Individual Under ADA

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TIMOTHY JAMES MAYO, Plaintiff-Appellant, v. PCC STRUCTURALS, INC., an...

July 15, Racist Slurs on Picket Line

A National Labor Relations Board judge has ruled that Cooper Tire & Rubber Company in Ohio, unlawfully fired Anthony Runion...

The Law Regarding Drug Testing in Aro v Legal Recovery Law Offices

The Court of Appeal affirmed the trial court’s ruling. First, the Court determined that the Workers’ Compensation rules in California...

May 21st, Appeals Court Affirms Reasonable Accommodation

The Second Circuit Appeals court recently affirmed a lower court decision which could be very good news for employers.  In...

Supervisor Stressing Out Employee Is Not A Disability

Court Holds Adjustment Disorder Triggered by Stress at Work Is Not a Disability A California Appeals Court in April held...

Accommodating Telecommuting

The Telecommuting Accommodation Request: On April 10, 2015, the U.S. Sixth Circuit (Tennessee, Kentucky, Michigan and Ohio) ruled on the...

OSHA Guidelines for Restroom Facilities

This memorandum explains OSHA's interpretation that this standard requires employers to make toilet facilities available so that employees can use...

Courts Define One Comment ‎as Hostile Environment

On the night of September 14, 2010, Liberto was working as a cocktail waitress in the Clarion’s nightclub.  One of...

EEOC v Abercrombie & Fitch

EEOC v Abercrombie & Fitch The Equal Employment Opportunity Commission (EEOC) won a significant victory in a hiring case that involved Abercrombie & Fitch’s...

Genetic Information Nondiscrimination Act of 2008

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect...

EEOC Concilliation Efforts Are Judicially Reviewable

Important Details About the U.S. Supreme Court Ruling:  April 29th, 2015 in a unanimous decision, the U.S. Supreme Court ruled that the...

A Brief History of the Pregnancy Discrimination Act

A Brief History of the Pregnancy Discrimination Act: In 1976, in the case General Electric v Gilbert, the Supreme Court deliberated whether an employer violated...

Effective Investigations Checklist

Harassment or Discrimination Investigations Checklist             The following checklist and interview forms are provided to help you conduct a thorough...

Affirmative Defense

How to Access the “Affirmative Defense” Available in Ellerth and Faragher:   Train non-supervisory employees about the harassment policy, about...

Effective Coaching

Some Effective vs Ineffective Coaching Skills:   Using the following chart and the Parent/Adult/Child model to assist your group in...

Key Employee Motivators

What Motivates Employees?    Below is a list of eleven motivators that have been found to be the top-ranking motivators...

Tips for Franchisors and Other Joint Employers

Tips for Franchisors and Other Joint Employers: First, do not push your corporate policies onto the franchisee.  You CAN ask...

Assembly Bill 2053 Becomes Addendum to Government Code 12950.1

Assembly Bill 2053 which now signed becomes an addendum to Government Code 12950.1 the Mandatory Sexual Harassment Training law for...

EEOC Guidelines Related to Religious Dress and Grooming

The EEOC guidelines list numerous prohibitions related to religious dress and grooming: 1.Require an employee to cover their religious garb,...

Toronto Trustee Elizabeth Moyer harassed two senior staff, report finds

Trustee Elizabeth Moyer harassed two senior staffers at the Toronto District School Board by hugging and touching one and making...

Police Officer’s Facebook Rants Not Protected Speech under the First Amendment, Federal Court Rules

A 26-year veteran police officer’s “venting on Facebook” about her department’s decision not to send officers to attend the funeral...

Interviewing: Red Flags of Potential "Problem-Employee"

The best indicator of future performance in a job applicant, is their past performance. There are many things a manager...

Legal vs. Illegal

A Guide to What's Acceptable When Questioning Prospecting Employees (more…)

Sex and Religion at the Holidays

Most Important, Manage the Alcohol Consumption (more…)

Howard v. Naval Air Systems Command

A Workplace Sexual Harassment Case Mishandled by HR (more…)

Rules For Sexual Harrassment Training

by Ronald W. Novotny and Monica Ballard -- A new California law (AB1825) requires employers with 50 or more employers...

Parallax Education Clients Comply with Government Code 12950.1

California mandates sex-harass training; chains set to comply by Dina Berta National Restaurant News, Vol.39, No. 4 January 24, 2005...

New Sexual Harrassment Training Law

by Ronald Novotny, Esq., and Monica Ballard, Parallax Education -- Effective January 1, 2005, a new law went into effect...

Newsworthy Litigation

A jury awarded 2.5 million dollars today after hearing testimony which included the overheads from the Parallax Education training materials....

Workplace Security Measures

Following is a list of workplace security measures which we should all take: (more…)

Signs of Violence in a Co-Worker

Signs of potential violence in an employee, co-worker, former employee, or friend of employee: (more…)

New Jersey Appeals Court Widens Reach of Sex Harassment Claims

NEW BRUNSWICK -- New Jersey Appeals Court ruled that laws barring sexual harassment and discrimination apply not only to employer-employee...

Roby v. McKesson

The California Supreme Court, in its recent decision in “Roby v. McKesson”, concluded that a supervisor's "business and management" actions...

Snappy Comebacks 2012

Snappy Comebacks What They Say Response   (more…)