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Employment Law

Tell those on FMLA leave: No working from home

12/08/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. Interference can include things like requiring employees to perform work during their leave. That’s why it’s important to make arrangements for getting work done without requiring assistance from the employee on leave.

Warn managers: Don’t make assumptions about pregnant employee’s capabilities

12/08/2009

HR professionals must make sure that supervisors hear this message loud and clear: Don’t make any assumptions about what a pregnant woman can or cannot do. Voicing such presumptions and taking action based on them virtually guarantees a pregnancy discrimination lawsuit.

Bosses need to know: They’re personally liable for discrimination under Ohio law

12/08/2009

Here’s an incentive for managers and supervisors to avoid doing anything that smacks of possible discrimination. While federal civil rights laws generally don’t make managers and supervisors personally liable for discrimination, Ohio state law does. That should be a powerful incentive for line managers and supervisors to avoid creating a hostile work environment.

Cleared to work with no restrictions? Don’t assume employee isn’t disabled

12/08/2009

It makes sense that if an employee’s doctor releases him to return to work with no restrictions, the employee can’t be disabled. Don’t make that dangerous assumption! The ADA covers employees when their claimed disability affects a major life function—and that function can be one that’s not an immediately obvious factor at work.

Worker who leaves to give birth can’t collect unemployment

12/08/2009

An Ohio appeals court has ruled that an employee who quits to have a child and isn’t otherwise eligible for maternity leave isn’t entitled to unemployment.

Construction firm flagged for sex bias settles for $300,000

12/08/2009

Lisa Drozdowski worked as a flagger for Danella Construction, which operates in 10 states, including Ohio. She was often asked to help laborers perform other tasks on the job site. But when she applied for a laborer position, which pays better, she was told the company did not hire women as laborers. Drozdowski filed a complaint with the EEOC …

Medina company settles national-origin EEOC case

12/08/2009

Industrial fastener and tool manufacturer SFS Intec has agreed to settle an EEOC discrimination lawsuit arising at its Medina plant. Two Hispanic employees complained of being denied training opportunities that were open to non-Hispanics.

OSHA cites Cincy painting firm for lead safety violations

12/08/2009

OSHA has levied $321,000 in fines against UCL Inc., a Cincinnati-based bridge and tower painting company. The fines stem from nine willful and two serious workplace safety violations related to lead exposure.

Now that the ADAAA is law, is smoking a protected disability?

12/08/2009

Twenty-nine states and the District of Columbia have so-called “smoker protection” laws—laws that elevate smokers to a protected class and make it illegal to discriminate against employees because they smoke. Before the ADA Amendments Act (ADAAA) became effective on Jan. 1, 2009, I was optimistic that these smoke-outs were legal. Now , however, I have reservations. Has the ADAAA created a new protected class for smokers?

Make sure your e-communication policy covers social networks

12/08/2009

The widespread use of blogs and social networking web sites such as Facebook, MySpace, LinkedIn and Twitter has employers worried about what their employees are keyboarding and texting. Employers must develop electronic communications policies to cope with the new technology.