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Discrimination / Harassment

What are the new mandatory EEO postings?

12/08/2009

Q. I know that there have been some recently enacted changes to federal employment laws (the Genetic Information Nondiscrimination Act and the ADA Amendments Act, for example). How do these changes affect the required EEO postings for my business?

Could smoking be an ADA-protected disability?

12/08/2009

The recently enacted ADA Amendments Act was passed to make it “much easier for individuals seeking the law’s protection to demonstrate that they meet the definition of ‘disability.’ …” It does that by expanding the definition of the term “disability.” In fact, the definition of “disability” may now be so broad that it covers conditions such as nicotine addiction.

Fort Lauderdale suit shows cops don’t know all the laws

12/08/2009

When Fort Lauderdale police officers sued the city, they claimed an early retirement offered to older workers violated the Age Discrimination in Employment Act (ADEA). The grounds: that a release the city asks the departing officers to sign illegally makes retirees relinquish all claims against the city.

Wellness programs: Does your health-risk questionnaire violate the new genetic-bias law?

12/04/2009

It’s time to take a fresh look at the health questionnaires you hand out to employees as part of your wellness program. New federal regulations that prohibit discrimination against people with congenital medical conditions mean employers and health benefits providers must immediately review health risk assessments (HRAs) to make sure they don’t ask employees to reveal protected information.

Have those who do the hiring also do the firing

12/04/2009

Here’s one of the easiest ways to reduce your chances of losing a race discrimination lawsuit: Make sure the same person or group who chose to hire an employee in the first place also makes the decision to terminate her. That makes it much harder for the employee to show she was fired for a discriminatory reason.

Tell harassment victims: Report any retaliation

12/03/2009

Even an exhaustive investigation into sexual harassment allegations may not provide enough information to conclusively determine whether harassment actually occurred. That doesn’t mean you can forget the whole thing. Instead, you must explain to the employee who reported the problem what steps you did take. And you must urge her to report any action she believes is retaliation.

Shield complainer during harassment probe

12/03/2009

When a supervisor allegedly harasses a subordinate, all kinds of things can go wrong. But handled improperly, all fingers often point to employer liability. That’s why it’s vital to act quickly on any subordinate complaint.

Discipline ‘protected’ employee—but document why you treated similar offenses differently

12/03/2009

When it comes to discipline, the primary rule is to treat similar rule violations alike. That means you’ll have to punish all kinds of people for misbehaving, even if they’re members of a protected class. Don’t hesitate to do so if their behavior warrants it.

Courts say, ‘Enough!’: Employees must file all related claims at same time

12/03/2009

Courts are cracking down on serial lawsuits, and the result is good news for employers. A former employee who sues and then loses his case can’t keep coming up with new claims to base new lawsuits on. If the new claims are based on the same set of facts—even if they involve an entirely different legal angle—courts are ruling the claims should have been brought together.

Beware retaliation suits even after employee’s gone

12/03/2009

If you think your liability ends when an employee leaves, think again. Employers can still be liable for retaliation if the employee complained about bias before she left and now claims you withheld compensation.