What voters in Alabama should know about negligent hiring

December 8, 2017

One of the most pervasive practices among employers is to complete background checks before extending offers of employment.  They do so to ensure that they do not engage in a “negligent hiring” practice.  Essentially, that doctrine holds that should employers fail to do criminal background checks, contact references or obtain credit score reports, they could [...]


Let’s get Sexual Harassment out of HR!

December 6, 2017

The recent tsunami of high profile, celebrity allegations of sexual harassment should prompt Human Resources Departments to revisit their role with regard to the investigation and disposition of substantive complaints.  The contrasting examples of Fox News and Fidelity Investments clearly illustrate the point.  Fox settled and paid hush money to victims.  Fidelity fired a rock [...]


Abercrombie decision in on target

June 8, 2015

I don’t often find myself in agreement with Justice Scalia, but in the EEOC v Abercrombie and Fitch, he got it right.  In his decision, the Justice writes; ““The rule for disparate-treatment claims based on a failure to accommodate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or [...]


Marriage Equality & Workplace Discrimination

October 31, 2014

Employees in five states exist in an environment of contradiction.  Indiana, Oklahoma, Pennsylvania, Utah, and Virginia are among the 11 states where marriage equality became reality with the Supreme Court’s refusal to hear appeals related to state bans on same sex marriage.  They are also five states where there are no protections for gays and [...]


Do this! Now do that!

May 15, 2014

Do this! Now do that! In my coaching practice I sometimes catch myself giving seemingly contradictory advice.  “You will need to be more patient.”   And, “You will need to focus on driving for results.  Or, “You will need to teach others how to do this so as to free yourself up a little.” And, “You [...]


The Overlooked Implications of the Michigan Affirmative Action Decision

April 24, 2014

On April 22, 2014 the Supreme Court handed down a 6-2 decision (Justice Kagan recused) upholding Michigan’s amendment to the state constitution known as Section 26.    Voters approved Section 26 in 2006 prohibiting state entities from granting race-based preferences in the operation of state universities or public employment.  The decision is widely viewed as a [...]


Leadership tenets

April 3, 2014

As many of you know, I have been a facilitator for NASA’s Mid-Level Leader Program (MLLP) for the last three years.  On April 2, the fourth cohort graduated from the program.  David Radzanowski, Chief of Staff at NASA gave the Graduation Address to the graduating class.  I asked Dave if I could share the “leadership [...]


The debate over the federal minimum wage

February 25, 2014

The Minimum Wage Debate There has been a lot of talk lately about raising the minimum wage at the federal level.  President Obama’s recent Executive Order raising the minimum wage for those employed with federal contractors to $10.00 is a symbolic move that affects about 400,000 workers.  History tells us that Executive Orders can have impact [...]