Employment-law lessons from SHRM 2021.

Here are some nuggets of wisdom from speakers at this fall's Society for Human Resource Management annual conference:

Free speech at work is a myth. "In the private sector, employees don't have the right of free speech. Free speech means that if somebody says something outlandish, the government can't throw them in jail. But employees do not have the right to say whatever they want and still keep their jobs ... You can insist that employees don't do something that undermines your company."

--attorney Gregory Hare, Ogletree Deakins

The limits of ADA accommodations.

"You don't have to give accommodations that are undue ... If it's convenient for [an employee] but is not in the employer's interest and there's not a disability-related reason, from the EEOC's perspective under the EEO laws, that's the end of the story."

--Charlotte Burrows, EEOC chair

It doesn't matter if it's "harassment." "Remember, you don't have to limit your disciplinary actions to harassment ... A common mistake I see employers make is that they get caught up in, 'Does this behavior meet the definition of harassment?' It doesn't really matter if you have a policy that prohibits bullying and other inappropriate behavior."


To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT