Employment Law

Change company culture to stop sex bias suits

04/28/2010

When it comes to sex-based stereotyping, some industries are more resistant to change than others. The “company culture” may be a bastion of outdated beliefs about what women can and cannot do. Decision-makers may not even fully understand that their preferences for hiring employees of one gender can create liability. If that’s the case where you work, you may want to use the following case to explore that corporate culture—and then push to change it.

Ring of fire: Don’t get burned by a reference call

04/28/2010

We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …

How a boss’s Kwik-E-Mart trip cost $100K

04/27/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.

Supreme Court clarifies when cases move to fed court

04/27/2010

The U.S. Supreme Court issued a ruling on Feb. 23 that helps clarify when employers can remove a lawsuit from a state court to have it heard in the friendlier confines of federal court. The ruling is good news—especially for large, multistate employers.

Miami-Dade enacts first county ‘wage theft’ law

04/26/2010

Miami-Dade County last month became the first county in the nation to pass a “wage theft” law—and it likely won’t be the last. The ordinance says a wage-theft violation occurs when an employer fails to pay any portion of wages due to an employee. It allows the county to step in to help workers win back pay.

Firing a boss who’s racially insensitive? You can cite ‘poor performance’ as reason

04/23/2010

It often becomes apparent that managers who were supposed to prevent discrimination weren’t doing an effective job. For the good of the company, it’s sometimes necessary to fire those bosses for tolerating discrimination or harassment. And those managers will probably sue, too. Good news: You can cite their attitudes to show they weren’t performing their jobs to your reasonable expectations.

OK to punish employees for disruptive acts–even if done in the context of protesting bias

04/23/2010

Employees are protected from retaliation for opposing discriminatory employer practices. But that doesn’t mean they can voice that opposition in a disruptive or discourteous way.

‘Cold shoulder’ isn’t a hostile environment

04/22/2010

One of the reasons employees can claim sex discrimination is if, according to the EEOC, “verbal or physical conduct of a sexual nature … creates an intimidating, hostile, or offensive work environment.” Employees may believe that the slightest unkind word would constitute a hostile workplace, but courts often will set the bar much higher, as the following ruling shows.

No special treatment needed for pregnant staff

04/22/2010

The Pregnancy Discrimination Act doesn’t guarantee pregnant employees any special treatment in the workplace. It simply says you must treat them “the same as any other temporarily disabled employee.” If your organization doesn’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

Health law amends FLSA to require ‘breastfeeding breaks’

04/21/2010

The new health care reform law includes a little-noticed provision that says employers must now provide “reasonable” unpaid break time and a private location (not a restroom) to allow nursing mothers to express milk.