by Sam R. Fulkerson

The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and national origin hit record highs. The number of charges alleging age-based discrimination reached the second-highest level ever.

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by Jonathan C. Sterling

Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies to certain employees who are afforded substantial discretion in their jobs.

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In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.

In fact, the perception might be that HR actually costs money — a reasonable accommodation here, additional leave for an employee there, more training, more evaluations, more record keeping, and more consultations with expensive lawyers. But having HR ensure compliance with myriad employment laws is a small price compared to the potential costs of employment litigation.

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According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year.

And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on the rise. These claims are resulting in costly settlements to resolve alleged behaviors that some employers may not even believe are illegal. Read on for more details.

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Employers should regularly revise and modify their employment policies and employee handbooks as the law changes and as their operational needs dictate. Once you make policy changes, however, should you communicate them to your employees? If so, how? This article provides tips on how to best communicate policy changes to employees.

Audit your policies and practices with the Employment Practices Self-Audit Workbook

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Brenna Lewis worked part-time as a front desk clerk for Heartland Inns in Altoona and Ankeny, Iowa. She did a great job — at least according to her direct supervisors. She was well liked by customers and fit in well in the position. Based on those accolades, she was offered and accepted a full-time day shift position at the Ankeny location. It was only after Heartland’s director of operations, Barbara Cullinan, saw her at work that Lewis learned a second interview would be required to “confirm” the job offer.

As Lewis soon found out, Cullinan expressed doubts that she was a “good fit” for the front desk position because she was less feminine than her predecessor and lacked the “Midwestern girl look.” Predictably, a lawsuit resulted. Of course, basing an employee’s future on a stereotypical “look” or “fit” instead of ability or performance is a bad idea — but is it actually illegal? Read on to find out.

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Imagine for a moment the employee who seems just a little off — having disproportionate negative reactions to criticism, having strange obsessions with weapons or death, being unusually hot-tempered, demanding, or controlling, or having other odd or erratic behaviors.

Now imagine that despite the employee’s peculiarity, he’s an above-average worker and his job performance is otherwise acceptable. What should an employer do? Is this the type of person capable of committing heinous acts of workplace violence, or is he just socially awkward? Should you terminate his employment for fear that he may commit a violent act at work? What if his unusual behavior is the result of a mental illness protected under the Americans with Disabilities Act (ADA)?

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by Rita M. McKinney

Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know.

Basic Training for Supervisors - easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training

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It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to eat what they want and use whatever hygiene and personal products they choose. Read on for the most recent information on this conflict for employers.

Americans with Disablities (ADA) Compliance Manual

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by Sally J. Reynolds

Each year thousands of Americans resolve to quit smoking, but most will be unsuccessful. Some employers have begun implementing financial incentives to motivate their health plan participants to stop using tobacco. One type of reward may be a discount on health insurance premiums for employees who don’t use tobacco or are actively trying to quit smoking.

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