Treaty Oak Employers’ Law Blog

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Racial Bias Against Employees: Is the Employer Liable

Employers can be held liable for racial bias for specific actions that they take against applicants and employees. Through vicarious liability principles, they can also be held liable for the actions of their employees. Hiring Decisions Employers are prohibited from basing hiring decisions off of an applicant’s race or color.

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Guiding Principals: Decision to Conduct an Investigation

Employers and human resources staff are often put in the difficult position of trying to determine whether or not to conduct a workplace investigation. It can be taxing to decide whether information warrants an official workplace investigation. However, by following these guiding principles, this decision can be easier.   A Report

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Non-Discrimination Policies

Employers are often held responsible for the actions of their employers through vicarious liability principles. However, one way to guard against claims of discrimination or harassment is to develop clear and effective nondiscrimination policies and to follow the instructions included in these plans. Non-Discrimination Policies Nondiscrimination policies may be included

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BYOD Policies v. Conducting Thorough Investigations

An Upjohn Warning is a disclosure to employees of a company that legal representation is not extended to individual employees but rather covers the company only. Upjohn warnings are typically issued when an internal investigation is ongoing, or if the company is being investigated by regulators. Sometimes called a Corporate

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Minimizing Workplace Violence: A Checklist

Minimizing workplace violence can help employers avoid liability and promote a more positive working environment. Some ways to accomplish this goal include: Having a Zero Tolerance Policy Explaining in clear language in the employee handbook and other materials that violence in the workplace will not be tolerated. Employees should have an

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A Trauma-Informed Approach to Violence Investigation

Employer liability spans a broad range of potential issues. For example, an employer may still be held liable for the show even when another employee’s acts were intentional – such as when committing an act of violence or psychological abuse against a worker. However, by responding to all reports of workplace incidents and implementing

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What Can HR Do About Cyberbullying?

Cyberbullying, a term often associated with kids, isn’t just a problem during the school years. In fact, cyberbullies seem to be graduating into the workplace at a breakneck speed. According to a report by UNISON, eight out of every ten workers reported they had experienced cyberbullying at some point during

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Age Discrimination and Age Bias

Age discrimination is the act of discriminating against an individual based on their chronological age. The term, colloquially  associated with older individuals in a workplace, also can be used to describe discrimination towards any individual based on their age, including young workers. Legally speaking, workers over 40 are protected by the Age

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Privacy Issues in Workplace Investigations

Although employers may provide a work site and other property that their employees use, employees do not give up all expectations of privacy simply because they are working for a company. To safeguard their companies, employers and human resource managers must be careful not to violate principles related to privacy

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Employer Liability for Harassment: Precedents and Famous Cases

All businesses must be aware of the potential employer liability that can arise when there are employee claims of harassment. Understanding the relevant cases that have been adjudicated and their impact on employer obligations can help businesses develop a better understanding of their legal responsibilities. High profile cases can also help

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