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Discrimination / Harassment

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?

Make solid case for axing good but toxic worker

03/20/2009

Sometimes, an employee is so disruptive that it doesn’t matter how well she is performing her job. Constant arguments, tension and other elements of a personality conflict can poison the work environment and drag down other employees’ performance. She’s got to go!

9th Circuit will rehear massive Wal-Mart class-action sex discrimination case

03/20/2009

The 9th Circuit Court of Appeals has agreed to reconsider whether an enormous sex discrimination lawsuit filed against Wal-Mart will proceed as a class-action case.

Employees can’t count on free attorney in most cases

03/20/2009

Sometimes, employees who want to sue their employers don’t have the cash for up-front fees lawyers demand. If the employee has little money, she may ask the court to find free legal representation. But that will work only if she’s already looked hard for an attorney herself—and the EEOC or another agency has concluded her case has merit.

Top companies offer domestic-partner benefits

03/20/2009

According to a recent report, 286 of Fortune 500 companies provide equal benefits to same-sex couples. What’s more, the better the company performs, the more likely it is to offer benefits that serve lesbian, gay, bisexual and transgender (LGBT) workers.

L.A. car washes charged with wage abuse, union busting

03/20/2009

On Feb. 9, the state of California filed a criminal complaint accusing four Los Angeles car washes, their owners and one manager of wage-and-hour law violations and for creating “a work environment that bordered on indentured servitude.”

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

Implement new health care conscientious objector rule—for now

03/19/2009

Health care is rapidly becoming one of Michigan’s largest and most stable employment sectors. Health care employers are subject to many additional employment regulations than employers in other industries. That fact was driven home by a recent regulatory change implemented by HHS, providing a new level of protection to employees who work for health care providers—the so-called conscientious objector rule.

Crack down on association discrimination—especially if there are threats of violence

03/18/2009

Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.

Memo to managers: There’s no reason to discuss why employee was terminated

03/18/2009

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.