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Discrimination / Harassment

OK to consider intangible qualities when choosing applicants

01/01/2008

When it comes to hiring good employees, you know that experience and education aren’t everything. There’s nothing wrong with considering such “soft” factors as loyalty and reliability when making hiring decisions. Just make sure you don’t consider things such as disability, FMLA absences or other protected characteristics …

‘Adverse impact’ standard set for Texas Whistleblower Act

01/01/2008

The Texas Supreme Court has weighed in for the first time on an important interpretation of the Texas Whistleblower Act. Until now, a key term in the act was largely undefined: Exactly what is an “adverse employment action"? …

Track qualifications to prove candidate was best for job

01/01/2008

It’s important to carefully track each and every step of the promotion process, including the relative qualifications of those vying for open spots on the corporate ladder. Here’s why: Employees who claim they were unfairly passed over have to show that they were “clearly better qualified” than the chosen candidate …

Workplace bullying emerges as new employment law issue

01/01/2008

While workplace bullying certainly has existed for as long as mean people have worked alongside others, only recently has it emerged as an issue for the courts to handle. As awareness of “workplace bullying” arises, so does potential litigation and liability for employers …

Paper, shmaper! As résumés go high-Tech, so should HR

12/11/2007

Your organization could be missing out on some top talent if you shrug off the new high-tech applications and résumé tools that could someday make paper résumés obsolete. Here are some of the more popular high-tech methods that candidates (especially young ones) are using to market themselves, plus some of the advantages and disadvantages of welcoming them …

Shift swapping reasonably accommodates religious days off

12/11/2007

Employers can manage employees’ religious needs without simply exempting religious employees from weekend work. Here’s how: Simply design a system that rotates shifts so everyone gets a turn for weekend days off; then tell those seeking religious accommodations it’s up to them to arrange shift swaps …

Discharge due to downsizing? Document your RIF plan

12/01/2007

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers …

Beware informal policy on returning after pregnancy

12/01/2007

Many employers try to simplify medical leave policies by adopting the same eligibility requirements set by the FMLA. But those same employers sometimes make exceptions for select employees, especially if they are seen as too valuable to lose to a short medical leave. Watch out if that’s your informal practice. Denying that flexibility to pregnant employees probably violates the federal Pregnancy Discrimination Act …

Collective bargaining terms mean no unemployment comp for pregnant employees

12/01/2007

Employees who must stop working at a certain point in their pregnancies because a union agreement compels the leave are not entitled to unemployment compensation in Ohio. That’s true even if the pregnant employee could physically work and would have done so if it were an option …

It’s not discrimination, it’s just part of the job

12/01/2007

For a decade, the Chagrin Falls post office allowed mail carrier Martin Tepper to take Saturdays off to observe the Sabbath. In 2002, under pressure from fellow carriers tired of working extra weekends, the U.S. Postal Service began scheduling him for Saturday duty. Tepper sued in federal court in 2004 claiming religious discrimination …