Tag Archives: jonathan segal

Documentation In Health Care: Knife in the Malpractice Claim?

In the employment context, we often hear “document, document, document.”  But keep in mind that the documentation you write to employees to reflect problems with their performance or behavior later can be used against you in a medical malpractice claim.

Let’s assume you have a doctor and his level of care does not meet standard.  And, let’s further assume he should be terminated. Continue reading Documentation In Health Care: Knife in the Malpractice Claim?

DMi Presents: A Dialogue About Leaning In

In her provocative and vitally important book, Lean In: Women, Work, and the Will to Lead, Sheryl Sandberg ends with: “My goal is that this book is not the end of the conversation but the beginning.”

We will continue the conversation with a panel composed of successful women who are role models for women and men alike. Please save the date!

Tuesday, October 15, 2013 | 4:00 p.m. to 6:00 p.m.
Reception immediately to follow.

She’s Too Sexy For Her Job

The all-male Supreme Court of Iowa re-affirmed its holding that an employer did not engage in sexual harassment when an employee was fired by her boss because he found her sexually irresistible. He was afraid that, if she remained employed, he would not be able to control the temptation to have a sexual relationship with her in violation of his marital vows.

The Court held this was not because of her gender but because of his “feelings” specific to the employee.  But wouldn’t that same analysis apply to quid pro quo harassment?  Quid pro quo harassment occurs, among other circumstances, where an employer fires a particular employee because she or he refuses to submit to “sexual feelings” that a manager has for her or him. Continue reading She’s Too Sexy For Her Job

Supreme Court’s Affirmative Action Case: Not About But Entirely About Employment

In Fisher, SCOTUS upheld (at least technically) affirmative action in higher education. While the Court reaffirmed that student body diversity could be a compelling state interest, the Supreme Court has made the burden so high for a program to be “narrowly tailored” that the Court has all but gutted “honest” affirmative action.

What about employment?  While the Supreme Court’s case has nothing to do with employment, it has everything to do with employment.  Same decision makers! Continue reading Supreme Court’s Affirmative Action Case: Not About But Entirely About Employment

Employers in the Crossfire

From SHRM’s HR Magazine:

Employers in the Crossfire
Federal and state gun laws have ramifications for employees and employers alike.
6/1/2013

Last year’s massacre at Sandy Hook Elementary School in Connecticut was beyond tragic—and there have been more school shootings since then. In response, lawmakers in Washington have launched a game of political football. Continue reading Employers in the Crossfire