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Productivity / Performance

Appraisal must be tied to adverse action to be retaliation

07/01/2007

Supervisors often feel as if they are walking on eggshells after an employee has filed a discrimination complaint. After all, just about anything they do after a complaint has been filed could be seen as retaliation. If supervisors ask what to do, tell them this: Treat the employee as you would any other …

Protecting employment tests from legal challenges

07/01/2007

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Business as usual still the rule after employee complains

07/01/2007

Has an employee filed an EEOC discrimination complaint? If so, you should know that his or her attorney has probably encouraged that employee to look for any sign of retaliation—like a lowered performance evaluation, a demotion or closer scrutiny. Often, attorneys want to bolster their clients’ claims with tales of retribution. That doesn’t mean you should change the way you treat the employee …

Approach employee directly to discuss accommodations

07/01/2007

The ADA requires employers to make reasonable accommodations for disabled applicants and employees. And those accommodations must be based on an agreement between the disabled individual and the employer, using an “interactive process” …

Essential job functions may include shift work

07/01/2007

Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request? …

Carrot or stick? Motivating managers to finish reviews

06/01/2007

HR can waste lots of time and energy hounding supervisors to complete their performance reviews. Choose the best mix of incentives and penalties to inspire managers to do reviews right and on time …

7 common employee gripes (and how to silence them)

06/01/2007

Executive coaches can boost rising stars’ skills, leadership

06/01/2007

Can’t get your organization’s execs to sit through training sessions because they don’t want to appear vulnerable in public? Want to make sure an up-and-coming manager is ready for the next big promotion? Call an executive coach …

Good evaluation, raise don’t invalidate retaliation claim

06/01/2007

Ever since the U.S. Supreme Court made it easier to charge retaliation for complaining about alleged discrimination, the courts have been flooded with new cases probing the limits of the ruling. The new test is whether an employer’s action would “dissuade a reasonable worker from making or supporting a charge of discrimination”…

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …