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Employment Law

Check all records before answering EEOC charges

02/12/2009

Inconsistent stories and explanations look like lies to the everyday people who sit on juries. That’s one reason it’s crucial to double-check all your records and get the facts straight before you respond to EEOC, state or local anti-discrimination agency charges.

Remind supervisors to immediately report offensive graffiti, and then remove it

02/12/2009

Graffiti usually appears where the author is least likely to be caught creating it. Popular workplace spots are lavatories and work site portable toilets. And offensive graffiti can create an almost instantly hostile work environment. That’s why HR should remind supervisors to immediately report any graffiti—no matter where they find it.

Feel free to set different pay rates, but prepare to document business reasons why

02/12/2009

Pay discrimination has received lots of attention lately, especially since the Lilly Ledbetter Fair Pay Act became law in January. Employees now have longer to sue over pay disparity.

Long-past lost training can’t make a lawsuit—for now

02/12/2009

Employees who long ago were denied training opportunities because of their race can’t wait decades to sue their employers for later lost promotion opportunities, the 7th Circuit Court of Appeals had ruled.

Harassing dentist strikes nerve among employees

02/12/2009

A Chicago dentist has agreed to pay $462,500 to settle a harassment and retaliation complaint filed by 18 employees. The complaint alleges employees were subjected to sexual harassment and required to join the Church of Scientology as a condition of employment.

Factory sit-in workers file unfair labor practices charges

02/12/2009

The employees who took over Republic Windows and Doors, an Illinois window manufacturing plant, last year after the owner announced he would shut it down have filed an unfair labor practices charge against their former employer and the owner.

Springfield cop’s reverse discrimination claim fails

02/12/2009

A white Springfield police officer failed to convince the 7th Circuit Court of Appeals that Springfield’s system for promoting officers discriminated against him.

7th Circuit won’t quash EEOC subpoena in settled case

02/12/2009

The Chicago-based 7th Circuit Court of Appeals has ruled that the EEOC can enforce a subpoena in a case where the complainant has withdrawn the complaint as part of a settlement.

Stop lawsuits by checking bankruptcy filings

02/12/2009

Laid off or fired employees often have to resort to bankruptcy when their economic situations tank. What they often forget, however, is that they must list in that bankruptcy filing any pending litigation that could net them cash. If they don’t, and their debts are discharged, they can be barred from suing you.

Give benefit of doubt to panicked workers who take sudden FMLA leave

02/12/2009

The FMLA grants eligible employees the right to take time off to deal with their own or a covered relative’s serious health condition. What has been unclear until now is what happens when an employee rushes to the emergency room believing a true medical emergency exists, only to find out that the condition was less serious than originally believed.