I know that most of the federal employment discrimination laws kick in when an employer reaches a certain number of employees. How do we count that number?

Answer from Marisa, SPHR: According to the Equal Employment Opportunity Commission (EEOC), you should count every employee who has worked for your organization during at least 20 calendar weeks in the current or previous year. Those 20 weeks don’t have to be...

Can we discipline an employee for working for another employer during FMLA?

Answer from Megan, JD, SPHR: Yes, in two circumstances. First, you can discipline the employee if their other job violates your outside employment (aka moonlighting) policy. Second, you can discipline an employee who obtained FMLA leave fraudulently. If, however, you...

What Is Discrimination?

A hiring manager, eager to fill an exciting new role in the company, reacquaints himself with a candidate’s resume as that candidate takes a seat across from him. Looking up, the hiring manager jolts involuntarily, surprised to see a gray-haired man likely in his late...

An employee emailed us saying that if we didn’t give them a raise, the email would serve as a resignation notice. What do we need to do to accept this resignation?

Answer from Laura, MA, SHRM-CP: We recommend you reach out to the employee to inform them of your decision not to provide them with a raise. In this communication, you can note that you’re accepting their resignation per their email and ask them when their last day...

What should we do if a candidate asks us not to contact their current employer?

Answer from Shawna, SHRM-CP: It’s ultimately up to you, but we’d generally recommend that you honor the request. The candidate may have a good reason for asking you not to contact their current employer. They may fear retaliation if their manager gets wind of their...

An employee allegedly made a racially insensitive comment in the presence of a coworker. How should we respond?

Answer from Kyle, PHR: You need to investigate the matter. A racially insensitive comment could be considered harassment—unwelcome behavior that’s based on a protected class such as race. Harassment becomes unlawful if putting up with it is a condition of continued...