Posts Tagged ‘employer liability’

Avoiding legal hangovers

‘Tis the season … for office holiday parties. They are great for employee morale. They can also give rise to legal hangovers that can extend far beyond the holiday season. The primary legal perils of office parties are claims of sexual harassment or alcohol-related injuries by third parties. If an employee gets intoxicated and sexually…

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A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left for the reader to decide. Employers face a similar decision when considering criminal background checks.

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Potential harassers not limited to employees

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required to maintain a harassment-free workplace, and that can mean addressing inappropriate or harassing behavior directed toward employees by third parties,…

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DRUG & ALCOHOL TESTING » Discriminatory drug testing leads to liability

You may have an entirely lawful and appropriate drug and alcohol testing program for your employees. However, inconsistent or discriminatory application of the testing policy can get an employer into trouble. That’s what happened with Ottenberg’s Bakers. The bakery’s testing policy Ottenberg’s Bakers had in place a drug and alcohol testing policy that included post-accident testing.…

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EMPLOYER LIABILITY » ADA’s interactive process requires discussion with employee

Too often employers believe that an employee’s inability to perform the duties of the job means the employee can be separated from employment. However, the Equal Employment Opportunity Commission’s (EEOC) regulations under the Americans with Disabilities Act (ADA) require that the employer engage in an “interactive process” with the employee before making a decision to…

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