Tag Archives: Burns White

Poorly written social media policies can lead to NLRA violations

For better or worse, social media gives every person a powerful way to express his or her thoughts.  Employers have been finding out recently how these expressions can sometimes make things worse for their companies, when employees use social media forums, such as Facebook or Twitter, to criticize their co-workers,...
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Objective performance evaluations and progressive discipline help minimize exposure

The soaring number of charges filed with the Equal Employment Opportunity Commission (EEOC) and employment-related litigation claims initiated over the past ten years has made many employers leery when disciplining or terminating employees.  To mitigate this concern and any potential exposure when disciplining or terminating an employee, especially one who falls within...
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Tips for minimizing liability when disciplining an employee following a leave of absence under the FMLA

These days, most large and medium size employers are aware of their general obligations under the Family and Medical Leave Act (FMLA) to allow certain eligible employees to take a leave of absence from work for their own serious health condition or to care for an immediate family member with...
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Must employees disclose their religion to their employers? It depends: Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

Later this month, Abercrombie & Fitch, the brand made for the “popular kids”, will have its chance to argue that without explicit notification from the employee or applicant that a religious accommodation is required, there can be no liability under Title VII for a hiring decision based on the clothes...
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The EEOC’s mandatory duty to conciliate discrimination claims under question in EEOC v. Mach Mining

On Tuesday, the Supreme Court heard arguments in EEOC v. Mach Mining, a case that could tame, what some employer groups have called, the agency’s aggressive litigation posture in certain high-profile cases. Presented before the high court is the question of “whether and to what extent a court may enforce...
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