Category Archives: discrimination

Talk versus Email: When Electronic Communications Gets You Sued

Posted on August 30, 2014 by mavity2012

  Electronic communications are a mixed blessing. Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions. From a legal standpoint, electronic communications, and especially … Continue reading →

Posted in ADA, attitude/culture, discipline and discharge, discrimination, employer policies, generational differences, internal investigations, performance improvement, social media, training, whistleblower/retaliation | Leave a comment

Why Am I Still Getting Sued By Employees?

Posted on August 29, 2014 by mavity2012

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading →

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

Two New Webinars: Bullying, the NLRB and Its War On Employer Rules and “Live From the AGC National Safety Committee Meeting.”

Posted on June 25, 2014 by mavity2012

Dealing With Workplace Bullying And Misconduct While The NLRB Challenges Your Rules Join us for a Webinar on July 24 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/137864872 A quarter of American Workers claim to have been seriously … Continue reading →

Posted in attitude/culture, construction, discipline and discharge, discrimination, employer policies, harassment, internal investigations, management and leadership, NLRB, OSHA, safety programs, workplace violence | Tagged , , , , | Leave a comment

Supreme Court Decides Voters’ Initiative To End Affirmative Action Is Constitutional

Posted on April 22, 2014 by mavity2012

April 22, 2014 In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs. In a 6-2 decision, the Supreme Court disagreed … Continue reading →

Posted in discrimination | Tagged | Leave a comment

Will GM’s Car Recalls Encourage Whistleblower Claims?

Posted on April 3, 2014 by mavity2012

During this week’s discussion about GM’s auto recalls, OSHA also released a Fact Sheet and guidance on “Filing Whistleblower Complaints Under The Moving Ahead For Progress In The 21st Century Act (MAP21).”  I’m willing to bet that most of you … Continue reading →

Posted in discipline and discharge, discrimination, manufacturing, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

Posted on February 7, 2014 by mavity2012

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading →

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Posted on January 27, 2014 by mavity2012

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading →

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

OFCCP $2.2 Settlement Worth Noting

Posted on January 22, 2014 by mavity2012

Don’t let the OFCCP drop off of your list of concerns.  The sheer number of categories (female, Caucasian and Hispanic, black and Caucasian)  and inclusion of multiple locations in several states in the settlement below should raise concerns.  Follow the link … Continue reading →

Posted in discrimination, food processing, government contracting | Tagged , , | Leave a comment

My Essential OSHA “Enforcement” Posts This Year.

Posted on December 23, 2013 by mavity2012

These are the links I sent to F & P attorneys after recently conducting an in-house session on our workplace safety practice.  The focus of the links was not on building a safety culture, which is my favorite topic, or … Continue reading →

Posted in civil and criminal exposure, combustible dust, discipline and discharge, discrimination, emergency response, food processing, harassment, OSHA, public attacks, recordkeeping, repeat items, Washington | Tagged | Leave a comment

When Is More Leave Not a Reasonable Accomodation?

Posted on November 24, 2013 by mavity2012

Cases under the ADA are fact specific.  Often it is difficult to find clear-cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable.  In Attiogbe-Tay v. Southeast Rolling Hills LLC, a … Continue reading →

Posted in ADA, discipline and discharge, discrimination, EEOC, employer policies, supervisor development | Tagged , | Leave a comment