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Employment Law

Assigning black staff to black clients: Is that bias?

12/24/2009

Here’s a problem you might not see coming: Let’s say you have an employee who belongs to a protected class, and whose skills you believe will help when relating to others of the same protected class—language or cultural awareness skills, for example. Before you decide to assign work to the employee based on those skills, consider whether doing so is, in effect, unspoken discrimination.

You don’t have to put up with insubordination

12/24/2009

Employees who file discrimination complaints sometimes end up with a chip on their shoulders while the complaint is pending. And since they know it’s illegal for employers to retaliate against them, they’re on the lookout for anything that seems like punishment. But that doesn’t mean employers have to shy away from disciplining those employees when it’s deserved.

Don’t know who’s harassing? What to do

12/24/2009

What’s an employer to do when an employee complains of anonymous harassment? You may never be able to figure out who is doing the harassing, but you must still do something—if only to show that your company doesn’t approve. Begin by opening an internal investigation, just as you would for any other complaint.

Use objective criteria—and beware subjective judgment calls—when deciding promotions

12/24/2009

Nothing speeds a disappointed job-seeker’s trip to court like a selection process based on an employer’s use of subjective criteria to make the hiring decision. That’s especially true if the biggest deciding factor is subjective, while objective factors receive lesser weight.

Internal wage-and-hour complaints don’t count as ‘testimony’ in FLSA retaliation cases

12/24/2009

The Fair Labor Standards Act includes a retaliation clause that bars employers from punishing employees who provide “testimony” in FLSA cases. That doesn’t mean, however, that employees who complain internally about wage-and-hour issues are automatically protected.

Drunken worker injured? Discipline right away

12/24/2009

Employees who come to work under the influence of alcohol are obvious safety risks. If workers are impaired, don’t hesitate to act promptly. Waiting until someone gets hurt could backfire badly. Courts may view the delay as suspicious and assume you’re fabricating a reason to fire the allegedly intoxicated worker.

Charlotte firm settles bias case filed by Muslim employee

12/24/2009

Charlotte-based Sunbelt Rentals has agreed to settle charges it discriminated against a Muslim worker at a store in Maryland. According to the complaint, Clinton Ingram endured ridicule, allegations he was a terrorist and harassment that included an anti-Islamic cartoon posted in the workplace.

Agreement with DOJ aims for a more accessible Wilmington

12/24/2009

The city of Wilmington has entered into an agreement with the U.S. Department of Justice (DOJ) to make the city more accessible to people with disabilities. Under the agreement, the city will make physical modifications to its government facilities so parking lots, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities.

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.