Claims of sexual harassment typically involve the behavior of fellow employees. But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment.
The
How much extra leave is reasonable for an employee who has exhausted FMLA but is not yet capable of returning to work? Does an employer have to keep the absent employee’s job open? What medical evidence is needed? How much
This is a question about which Iowa employers are increasingly concerned. The probability your employees and applicants for employment have used marijuana in some form has substantially increased in recent years. Medical marijuana use is now legal in 34 states
In 1990 Congress enacted the Older Workers Benefit Protection Act (OWBPA) out of concern that employees terminated as part of a Reduction in Force (RIF) did not fully understand the rights they were giving up in exchange for the payment
Although many employers use progressive discipline policies, I am typically not a big fan. In theory progressive discipline seems like a good idea: it allows an employee to learn from their mistakes. It puts the employee on notice that
Publisher’s Note: Today’s guest post is provided by Brandon Underwood, one of my colleagues at Fredrikson & Byron, P.A. Hopefully Brandon will catch the blogging bug and continue to post….
The Americans with Disabilities Act (ADA) forbids medical examinations and
In the last two sessions, the Iowa legislature has amended Iowa’s private sector drug testing law to give employers additional tools to combat employee substance abuse. In last year’s session, the legislature amended the law to allow employers to use
In the recent case of Jahnke v. Deere & Co. (May 18, 2018), the Iowa Supreme Court ruled that a Deere employee who was repatriated to the United States as discipline for engaging in sexual misconduct while on assignment
It is a truism that employers prefer to win discrimination cases on summary judgment rather than go to trial. In most cases, winning on summary judgment means convincing the judge there is not enough evidence that would allow the plaintiff
As we have written here many times, summary judgment is an important tool for defendants in employment discrimination cases. Studies have shown that in federal court, summary judgment is granted to defendants in employment discrimination cases more than in