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Discrimination / Harassment

Post all job openings in-House

09/01/2003

Q. We typically don’t post high-level management openings internally. Should we? —K.L., California

You can require mandatory overtime

09/01/2003

Q. A new employee has just informed his supervisor that he can’t work any overtime. Can we legally fire this person? —G.M., Virginia

Dump strict English-only policy; EEOC cracks down

09/01/2003
Issue: Requiring employees to speak English can be legally risky.
Risk: Overly broad or misguided policies can trigger a national-origin discrimination complaint …

Perform ‘spot check’ for offensive pictures, calendars

09/01/2003
The EEOC recently slapped a Pennsylvania steel plant with a sexual harassment lawsuit. The alleged crime? It “condoned sexual harassment” by allowing some employees to post erotic pictures, posters and calendars …

‘Free speech’ no protection to workers

08/01/2003
The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display …

Never assume a pregnant employee is unable to work; ask questions

08/01/2003
Under the Pregnancy Discrimination Act (PDA), you can’t fire a pregnant worker simply because of her condition. Nor can you force her to take leave as long as she’s physically …

Fact: Employers win large majority of ADA cases

08/01/2003
The American Bar Association’s latest survey of ADA employment discrimination cases says companies prevail 94.5 percent of the time in court and 78.1 percent of the time in administrative complaints …

Encouraging diversity: Lessons from Supreme Court’s affirmative-action rulings

08/01/2003
The U.S. Supreme Court’s pivotal rulings in the University of Michigan affirmative action cases this summer provide some direction on how far employers can go …

Pre-employment testing: Know the legal limits

08/01/2003
THE LAW. Pre-employment tests are an effective tool to discover applicant’s skills or abilities that can’t be gleaned from an application or interview. And …

Different vacation policies are legal if done fairly

08/01/2003

Q. We are rewriting our vacation pay policy. Currently, we have two categories of hourly employees. Can we offer 10 vacation days after two years to some employees and five days for the same period to other employees? Can we offer different benefits to salaried and hourly employees? —S.P., Washington