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Employment Law

How to prove work environment isn’t hostile: Track every bias, harassment complaint

11/09/2009

Employers can’t guarantee that employees will never feel offended by a co-worker’s comment about race, ethnicity, sex or other protected characteristics. But employers can and should make sure employees know what to do if they do feel offended or harassed—and then track exactly how the matter was handled.

Age discrimination alert: Beware using high training costs as excuse to deny promotion

11/09/2009

We all know that it costs money to train employees—and that turnover after investing in advanced training is a genuine and expensive problem. That doesn’t mean employers can get away with refusing to train someone approaching retirement age. That may be seen as age discrimination.

You don’t have to be right on discipline—just honest

11/09/2009

Disciplining employees often requires making tough calls, especially when the disciplinary action is based on the word of co-workers. You may be forced to choose whom to believe. Don’t be tempted to ignore the complaint just because you can’t be sure who’s right. As long as you are honest, courts will be reluctant to second-guess you.

Ohio disability law doesn’t cover temporary injuries

11/09/2009

Like the ADA, Ohio’s disability discrimination law covers only some injuries, illnesses and conditions. It doesn’t cover temporary injuries.

Can we require employees to get flu vaccine?

11/09/2009

Q. Can I require my employees to be vaccinated against the flu? I am concerned about the impact H1N1 will have on my business if it spreads among my employees, and a large group needs to take time off.

Harassment by text: Is this my problem?

11/09/2009

Q. An employee complained that a co-worker was sending her sexually suggestive text messages and leaving inappropriate comments on her Facebook “wall.” Do I have any obligations to investigate?

What wage-and-hour records must we track?

11/09/2009

Q. What are my responsibilities as an employer for maintaining employees’ wage records?

Can I hold obesity against job applicants?

11/09/2009

Q. Can I implement a rule against hiring people who are overweight?

Beware RIFing worker who’s out on FMLA leave

11/09/2009

Employees returning from FMLA leave are entitled to reinstatement to their former jobs or equivalent positions. However, an employer can terminate an employee while she’s out on FMLA leave if it can show it would have done so anyway even if the employee hadn’t taken FMLA leave. But be careful …

Monitor boss for retaliation after complaint

11/09/2009

Supervisors sometimes get angry when employees accuse them of some form of discrimination. But if that anger spills over into increased scrutiny, more job tasks and other unpleasant conditions for the employees who complained, count on even more legal trouble. That’s why HR must do more than simply warn supervisors against retaliation.