Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush

Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Portrait of a young woman  disgusting with bad smell

Many employers require employees to meet high grooming and hygiene standards as a condition of continued employment, and employers generally retain sole discretion to determine whether an employee’s hygiene and grooming meet their sometimes subjective standards. Employers that do not have hygiene and grooming policies are advised to implement standards as soon as possible because the appearance of employees—especially those who work in the service sector—can have a huge effect on a company’s overall image.

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‘Man up’: Sex discrimination claim goes to trial based on supervisor’s comments

by Stephen W. Jones

The 8th Circuit recently reversed an Arkansas federal district court’s decision to dismiss a store manager’s sex discrimination claims. The appellate court indicated that a trial must be held to determine whether a district manager who allegedly made certain sexist comments to the store manager was a decision maker and, if so, whether the district manager’s comments could be direct evidence of discriminatory animus.  Big boss yelling to her employee with megaphone on fire

Background

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U.S. Supreme Court puts transgender bathroom case on hold

by Rachael L. Loughlin

The case of the Gloucester County, Virginia, transgender high-school student fighting to use the restroom that matches his gender identity has been making its way through the federal court system for more than a year. Recently, the U.S. Supreme Court weighed in on the matter, adding yet another twist to the high-profile case.  Transgender Sign

A recap of the lawsuit

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Understanding strengths, weaknesses of bipolar employees

July 17, 2016 - by: Tammy Binford 1 COMMENTS

Disabilities of all types pose challenges for employers and employees alike. As employers struggle to find ways to help employees with disabilities do their jobs, they also must fulfill obligations created by laws designed to prevent discrimination and violate privacy. Like other disabilities, bipolar disorder presents its own unique challengesconcerns that will be explored in a Business and Legal Resources webinar set for July 28 titled “Employees with Bipolar Disorder: HR’s Roadmap for ADA Accommodations and Practical Issues.”  Human Emotion

Bipolar disorder, also called manic-depressive disorder, causes people to experience varying highs and lows as well as changes in mood, energy, and activity levels. A bipolar employee may be wildly creative and productive sometimes and disruptive and nonproductive at other times, meaning employers see great strengths and frustrating weaknesses all wrapped up in the same employee.

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Stress at work: defining the line between motivation and an abusive workplace

July 17, 2016 - by: Celeste Duke 0 COMMENTS

by Celeste Duke

In the movie Glengarry Glen Ross, Blake is a trainer sent by corporate to motivate a sales team. In addition to offering helpful gems like the acronym ABC to remind the salesmen that they should “always be closing,” he repeatedly berates them and calls them names while bragging about his own success. He tells the team about a new sales competition that week: First place gets a Cadillac, second place gets a set of steak knives, and third place gets fired.  Woman overloaded with stuff at work

We hope you have never had a boss like Blake, but it’s likely that you recognize shades of his character in past managers, coworkers, or even a current manager in your organization. You want managers to push employees to do good work and get the best results for the company, but it can be hard to know how far is too far. During his “motivational” speech, Blake asks one salesman, “You think this is abuse?” As it turns out, it just might be, and this could be a new frontier in employee claims.

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EEOC issues new guidance on leave of absence and ADA accommodations

by Paige Hoster Good

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document doesn’t create any new EEOC agency policy or propose any new law. Rather, it consolidates current guidance on the ADA, employer leave policies, reasonable accommodations, the interactive process, undue hardship, and other relevant subtopics.  EEOC-jpg

It appears the motivation behind this document stems from the overall rise in disability-related charges of discrimination filed with the EEOC, which increased over six percent from fiscal year 2014 to 2015. Moreover, recent charges received by the EEOC indicate employers may not know they should consider modification of leave policies as a reasonable accommodation of an employee’s disability.

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EEOC issues bathroom guidelines for transgender employees

At the epicenter of life, death, and work: 4 tough questions for employers after Dallas

by Michael P. Maslanka

Dallas has been my home for 32 years. Currently, I live and work downtown. The murders of the five Dallas police officers took place just a few blocks from my home. Neighbors in my building heard the firefight as it unfolded. I am a law professor, and three of my students are police officers. I have thought of them a lot lately.  Dallas at dusk

The public-policy issues on race, guns, and violence are being debated and discussed everywhere from the dinner table to the classroom to legislative arenas. Those issues permeate our workplaces as well. Like the Venn diagrams we learned in high school, which use overlapping circles to show relations between different items, the issues overlap—not by a little, but by a lot. Here are some questions HR, company leaders, and anyone else who is grappling with these issues should ask.

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What Supreme Court’s split decision on immigration reform means for employers

by Jacob M. Monty

President Barack Obama’s executive actions on immigration were not upheld by the U.S. Supreme Court. Some of your employees are probably disappointed and unsure of how to move forward. The disappointment they are experiencing and displaying doesn’t mean they are undocumented workers, and you shouldn’t assume they are. Here are some insights for employers in the wake of the Court’s recent decision.  Supreme Court

Background on DACA+ and DAPA

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Need workers? First lady touts talents of veterans and military spouses

June 19, 2016 - by: Tammy Binford 0 COMMENTS

As July 4 approaches, many employers are anxious to declare a holiday so their employees can enjoy the nation’s birthday festivities. But when the fireworks are over, they may be looking to hire the kind of talent so often celebrated on Independence Dayveterans and military spouses.  Smiling young businessman shaking hands with a soldier

Many employers have come to appreciate the diversity of experience that people with military ties can bring to a business. And first lady Michelle Obama, along with Dr. Jill Biden, Vice President Joe Biden’s wife, hope their Joining Forces initiative helps even more employers bring on veterans and military spouses.

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