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Employment Law

When employee returns after medical leave, don’t assume need for accommodations

02/09/2010

Here’s a recipe for trouble: An employee returns from medical leave, but doesn’t say anything about his condition. His supervisor asks him if he needs accommodations. It might suddenly occur to the employee that accommodations are a good idea. Or he might think he’s being treated as if he is disabled. Either way, the question triggers a whole host of issues that may never have come up if not for the supervisor’s inquiry.

Ohio law: Bosses personally liable for discrimination

02/09/2010

Here’s a reminder that should catch the attention of supervisors: While they may not be personally liable for most types of discrimination made illegal under federal law, they are liable under Ohio state law.

Courts lose patience with those who miss filing deadlines

02/09/2010

Here’s a sign that courts are growing weary of employees who try to bring their own lawsuits but don’t follow the proper procedures: The 6th Circuit Court of Appeals has dismissed a case in which an employee missed a filing deadline.

UAW reaches pact with AK Steel

02/09/2010

United Auto Workers local 3462 has ratified a contract with AK Steel covering workers at the Coshocton plant. The contract covers 340 production and maintenance workers. Consistent with the subdued economy, the deal represents very little change.

Cleveland bans bias based on gender identity, expression

02/09/2010

The Cleveland City Council has passed legislation expanding the city’s anti-discrimination ordinance to include transgender individuals. By adding “gender identity and expression” to a list of protected classes that already includes sexual orientation, Cleveland now offers one of the most all-encompassing anti-discrimination statutes in the state.

7 bills to watch: Congress’ 2010 employment law agenda

02/09/2010

When Republican Scott Brown of Massachusetts won January’s special election to fill the seat long occupied by the late Sen. Ted Kennedy, Democrats lost their 60-vote supermajority in the Senate. That means it will be that much more difficult for the Obama administration to make good on many of its pro-employee campaign promises. That’s not to say those employment law initiatives are dead. The following are the key initiatives pending in Congress.

Is it legally risky to refuse to hire people who have been arrested?

02/09/2010

Q. I am considering putting a policy in place to prohibit hiring any job applicant found to have an arrest record. Are there any legal risks?

What legal hoops must we jump through if we conduct background checks on applicants?

02/09/2010

Q. I’ve never required background checks on any job applicants. To get a better understanding of whom we’re hiring, I’ve retained a professional screening company to begin vetting our candidates for things such as criminal convictions. Are there any specific protocols we should be following?

No way to accommodate? Then you don’t have to

02/09/2010

Employers are obligated to engage in an interactive accommodations process when disabled employees request an accommodation and one is possible. But if you’re confident it’s not possible to accommodate the disabled worker—that he would never be able to perform the job’s essential functions—then you don’t have to go through the motions.

Develop fail-safe application tracking system

02/09/2010

Do you have an employee who consistently applies for open positions for which she falls short on qualifications? You may be tempted to “lose” or “misplace” her applications. Be bigger than that. Instead, exercise patience and handle her applications just as you would for any other applicant.