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Employment Law

Can’t you even say the word ‘pregnant’ anymore?

06/21/2010

Aw c’mon. An employee is obviously pregnant but you can’t even say the “p” word? Does the mere use of the adjective translate into legal liability? One court recently said “relax.” It’s OK to say a woman is pregnant; just don’t make any employment decisions based on it or comment negatively. Still, it’s a bit tricky, as this case shows …

Federal contractors must post new union notice as of June 21

06/21/2010
If your organization is a contractor or subcontractor with the federal government, it’s now required to post a new and decidedly pro-union poster: Employee Rights Under the National Labor Relations Act. The new requirement took effect June 21.

Before you decide to fire, make sure past job evaluations support your rationale

06/18/2010

Here’s a tip that will make courts more likely to uphold your termination decisions. Make sure whatever reason you use to justify the firing also showed up in past performance evaluations. Nothing raises suspicions more than kudos followed by discharge.

Supreme Court rules on pre-employment tests and disparate impact

06/18/2010
The U.S. Supreme Court in late May unanimously sided with a group of black firefighter applicants who alleged that the city of Chicago’s employment selection process had a disparate impact on them. The court said the timing of Title VII lawsuits doesn’t depend on when the alleged discriminatory act first occurred, but on when the employer acted on the results of that discriminatory act, even if that’s years later.

Irony: Lawyer sues former partners for breach of contract

06/18/2010
A former partner at Locke Lord Bissell & Liddell has filed a lawsuit accusing the law firm of breaching his employment contract, violating the labor code, fraud, negligent misrepresentation and libel and slander.

Amid shrinking union rolls, CWA and Verizon ink new pact

06/18/2010
The Communications Workers of America union and Verizon West have agreed to a new three-year contract that promises higher pay, continuing health benefits and more union jobs. Under the new collective-bargaining agreement, workers will receive an 8.25% wage increase over the contract term and will continue to receive free health benefits.

Disability group files class action against state

06/18/2010
The organization Disability Rights Advocates recently filed a class action lawsuit against the state of California on behalf of seven state employees and Deaf and Hard of Hearing State Workers United, a group representing employees with hearing disabilities.

Employee can sue for legal fees after winning EEOC claim

06/18/2010
Don’t think your legal troubles are over after the EEOC decides a case and you decide not to appeal. The employee can still sue you in federal court to recover his attorneys’ fees for the work the lawyer did before the case went to the EEOC.

Make sure everyone in same job has shot at training

06/18/2010
Here’s an easy way to prevent a discrimination claim: Offer everyone holding the same position the same opportunity for training. Otherwise, supervisors may play favorites, and that can end in litigation if the better-trained employees end up getting the promotions.

Retaliation alert: Most public employees protected when reporting alleged wrongdoing

06/18/2010
Public employees have First Amendment free speech rights, including protection from reprisal for reporting alleged wrongdoing to superiors. They lose that protection only if reporting wrongdoing is part of their jobs.