Deaf candidate wants interpreter? Listen up

October 18, 2018
What would you do if a job candidate you brought in for an interview told you he was deaf and needed an interpreter to continue the process? If you answered “I don’t know, because I don’t know much about that”—beware.
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What if a worker demands to know the reason for their termination?

September 20, 2018
Q: “We fired an employee without giving a reason. The employee is requesting the reason in writing. Do we have to comply? Also, we just learned that the new supervisor of the employee never met with the employee to discuss the employee’s position description or the supervisor expectations. The supervisor issued the employee a corrective action. In addition, the employee filed a complaint against someone in senior management. The complaint was never investigated. The employee was terminated the next day after filing the complaint. Is there any liability on the agency?” – Anonymous, Virginia
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Employees’ frequent toilet breaks may be a medical issue

September 19, 2018
Home improvement giant Home Depot has agreed to settle a disability lawsuit for $100,000 when it fired an employee for leaving her post to make emergency runs to the restroom.
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Embarrassing emails could wind up being aired in court

August 31, 2018
Remind supervisors to choose their words carefully when composing emails. Generally, all forms of communication are fair game for discovery during litigation.
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Can poking fun at a regional accent rise to the level of harassment and discrimination?

August 28, 2018
Q: “We have an employee with a thick Boston accent. Several of his co-workers imitate him, like ‘Where did you pawk your caw today?’ He doesn’t seem to mind, but I can’t really tell. Since there aren’t any protected characteristics at play—such as race or national origin—would that type of ribbing get us in trouble if we don’t stop it?” – Kevin, Maryland
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Time rounding must generally favor employees

August 27, 2018
Under Department of Labor regulations covering the Fair Labor Standards Act, employers must pay workers for all time worked, subject to some rounding. Time may be kept, and pay computed, based on rounding “to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour.”
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Slower pace not a reasonable accommodation

August 6, 2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.
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Ensure job application process is clear and easy to understand

August 6, 2018
Is your hiring process clear? Do candidates understand exactly what they need to do to be considered for a job or promotion?
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No unemployment for man who wanted to beat up boss

July 31, 2018
A Pennsylvania judge has refused to grant unemployment benefits to a former employee who was fired for challenging his supervisor to a fist fight in the parking lot after work.
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Are we allowed to ask if a prospective employee has medical coverage?

July 23, 2018
Q: “My manager had job applications made that ask: ‘Do you have medical coverage? If so, with who?’ Is that allowed or not?” – Nikkie, Florida
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