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Employment Law

Make pre-firing investigation truly independent

03/09/2009

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

You can rely on ‘negative’ FMLA certification

03/09/2009

Sometimes, employees think they’re sick enough to qualify for FMLA leave, but their doctors don’t. Other times, medical staff filling out the medical forms makes mistakes. Either way, if you get a certification or doctor’s note explaining that the employee can work, you are under no obligation to get more information. Instead, you can rely on that “negative” FMLA certification and deny leave.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

Proactively stamp out racist behavior to cut liability for hostile environment

03/09/2009

When employees claim they were forced to work in a racially hostile environment, the law says they can go back far into the past to show a pattern of harassment. Taken together, isolated acts that wouldn’t be severe enough to create a hostile environment may create liability. But an employer doesn’t have to be a hostage to its past.

Warn bosses: Preconceived notions about disability can violate the ADA

03/09/2009

Some conditions aren’t serious enough to constitute disabilities, but some supervisors wrongly assume they do. That’s a major problem: By assuming a condition is disabling, they’re “regarding” the employee as disabled—something the ADA prohibits. Thus, the ADA protects even employees who aren’t disabled.

Lilly Ledbetter Fair Pay Act already spurring more cases

03/09/2009

The Lilly Ledbetter Fair Pay Act has opened the litigation floodgates. Already, federal courts hearing Florida cases are reinstating lawsuits they would have easily dismissed just weeks ago.

Track shift assignments to ensure fairness to all

03/09/2009

If your organization operates several shifts to get its work done, you probably have a system in place to make sure shift assignments are drawn up fairly. If you don’t, consider implementing such a system now.

Employee sues union for unfair labor practice

03/09/2009

Employees are suing everyone these days—even their own unions. William Miron, a 17-year employee of the Hillsborough Area Regional Transit Authority, recently won a lawsuit against the Amalgamated Transit Union, which represents the bus company’s employees.

Take it seriously when doctor limits employee’s duties

03/09/2009

Employers ask for trouble when they ask workers to violate doctor’s orders. Train supervisors to honor medical restrictions. It will help the company in workers’ comp cases as well as ADA and FMLA situations. The following case illustrates the perils of playing fast and loose with physician certifications recommending light duty.

ADA doesn’t require promotion as reasonable accommodation

03/09/2009

In an unpublished 11th Circuit decision, a court has sent an ADA case back to a lower court to determine whether the Seminole County School Board discriminated against Marilyn Woodruff when it did not move her to less physically demanding jobs available in the district.