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Discrimination / Harassment

When employee files harassment complaint, document efforts to help her deal with aftermath

08/12/2010

When an employee complains about sexual harassment, the aftermath can be tough. First, there’s an investigation and the anxiety waiting for a final decision. Co-workers may side with the alleged harasser and shun the complaining employee. How you respond to problems like those may mean the difference between winning a retaliation lawsuit and losing.

When essential duties are at issue, OK to base medical exam on FMLA certification

08/12/2010
A new 8th Circuit Court of Appeals case allows employers to use an employee’s FMLA certification as the basis for requesting a fitness-for-duty exam if the certification asserts that the employee can’t perform an essential function of her job. That’s especially true in high-pressure professions when an alleged FMLA serious health condition affects an employee’s ability to function while at work.

Ensure your hiring process is rational, clear

08/12/2010

If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.

Supreme Court expands time to sue over policies with disparate impact

08/06/2010
There may be a ticking time bomb lurking in your employment policies and practices. It may go off at any time, when you least expect it. During its most recent term, the U.S. Supreme Court unanimously ruled that employers can be held liable upon the use of employment practices that have a disparate impact on employees, no matter how long ago the challenged practice was adopted.

VA medical center police sue for alleged retaliation

08/06/2010
Bay Pines Medical Center, a Department of Veterans Affairs facility in St. Petersburg, has been sued by police officers who allege they were retaliated against when they came forward with discrimination charges.

EEOC asks: Is Hernando County a hotbed of age discrimination?

08/06/2010
A former Hernando County public works director has filed an EEOC complaint alleging that his discharge in January was part of a county plan to get rid of older, highly paid employees. Charles Mixson, who is 61 years old, claims that the county wants to terminate all managers over age 55.

Balance need for racial diversity against threat of reverse discrimination lawsuit

08/06/2010
Here’s a problem that isn’t going away anytime soon: Courts often look at the available labor pool when figuring out whether an employer’s hiring practices have a disparate impact on a protected class. If the employer is caught filling informal quotas to create a balanced workforce, members of other protected classes may sue for discrimination.

Remember, ADA disability requires substantial impairment of major life activity

08/06/2010

Some employees think that if they have a learning disability, they are automatically disabled and entitled to an accommodation under the ADA. That’s not necessarily so. Such employees still have to prove that their specific learning disability substantially impairs a major life function, such as learning.

Diagnosis just start of ADA assessment process

08/06/2010

The ADA protects Americans from discrimination based on disability. But to be classified as disabled, employees and applicants have to show that they have more than transient or minor problems. Even a diagnosis is only a starting point since different conditions affect people in varied ways. Each individual is assessed based on his or her unique situation to see whether the condition underlying a diagnosis substantially impairs a major life function when compared to the average person.

Bias charges false? Discipline isn’t retaliation

08/06/2010

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.