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Employee Relations

It’s harder for staff to block discipline using ‘Junk’ claims

04/01/2007

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike …

Investigating EEOC complaint? You’re protected from retaliation, too

04/01/2007

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision …

Wear two hats in evaluating harassment complaint

04/01/2007

If your HR job includes evaluating claims of sexual harassment and hostile environment, it’s a good idea to approach investigations from two separate but related angles …

Swift response is key to derailing harassment claim

04/01/2007

When a co-worker launches a harassment campaign, you must act fast or risk a hostile-environment lawsuit. That means all your managers must know the drill to follow the moment they get wind of harassment …

How to Set Reasonable Call-In Rules for Absences

04/01/2007

For many employers, absenteeism is a constant problem. You know you must give employees some slack, especially for family and medical emergencies and to accommodate disabilities that sometimes flare up. But, to make sure the work gets done, you need to know who’s going to show up and who isn’t …

Firing after FMLA: Potentially legal but usually unwise

04/01/2007

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave …

When to say ‘No’ to disability accommodation requests

04/01/2007

Federal law (specifically, the ADA) says you must accommodate a person’s qualified disability, but that doesn’t mean you must say “Yes” to every accommodation request from every ailing worker. But it’s a tough call on when you legally can say “No.” …

Accommodating a driver who can’t drive

04/01/2007

Q. One of our drivers is not medically able to drive company trucks. Should we offer alternative employment? Should we adopt a formal policy covering disabled drivers?

Remind bosses: Don’t let ‘Soft’ traits sway hiring, firing

04/01/2007

When it comes to hiring and promotions, one of the quickest paths to the courthouse is relying heavily on a person’s subjective qualifications when objective measures point to a better candidate …

Track contracts for bias against black-Owned firms

04/01/2007

Think you don’t have to worry about race discrimination in hiring contractors? Think again. A little-known section of the federal Civil Rights Act has become a popular vehicle for claims of race discrimination in contracting …