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Employment Law

Accommodation can include FMLA leave to avoid OT

09/08/2008
Sometimes employers must require their employees to work overtime to meet production goals. That can be a problem if one of the workers has a disability that prevents him from working more than 40 hours per week. It’s perfectly legal to require that the employee use accumulated sick time and FMLA leave to avoid those overtime hours …

Investigate before disciplining harassment victim

09/08/2008

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained …

Check pay rates for employees who regularly swap work

09/08/2008
Employees who allege EPA violations must show that they receive lower pay than a comparable employee of the opposite sex. That comparable employee must perform substantially equal work in the same establishment as the employee charging discrimination. Under those terms, employees who switch workloads as needed and share supervision are probably comparable employees … 

Harassment complaint earns retaliation protection if complaint was made in good faith

09/08/2008
Many employees seem to believe that they can get job protection and immunity from reasonable discipline just by complaining to management about alleged harassment. But employees who make pests of themselves by reporting every comment they overhear or interaction they see aren’t automatically protected from retaliation …

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Publix sexual harassment reporting policy holds up in court

09/08/2008
The Publix supermarket chain has won a partial victory in a sexual harassment case that spotlighted “nauseating” behavior by a store manager. The only bright spot for the grocer: The victim’s failure to properly report harassment means Publix may be liable only for retaliation …

Whistle-blower heads to court to win back state job

09/08/2008
Steven Hougland, former beverage director for the Florida Department of Business and Professional Regulation, has filed a lawsuit under Florida’s whistle-blower law, claiming he was effectively forced to resign because of corruption in the department …

Walt Disney World dilemma spotlights religious discrimination issues

09/08/2008
Sukhbir Channa, a practicing Sikh, has sued Walt Disney World after the theme park fired him for allegedly not having the “Disney look.” Channa wears a turban, beard and long hair—practices required by his religious beliefs. This is a case in which a company’s dress code collides with workplace diversity, and it may be a sign of more conflict to come …

This just in: Don’t fire employee for taking FMLA leave

09/05/2008

It seems pretty obvious you can’t legally fire an employee because she took FMLA leave. Every employer knows that, right? Perhaps not. Recently, the 6th Circuit Court of Appeals had to rule on the question when an employer hoped to get a definitive ruling that employees are entitled to leave, but can be fired for using that leave …

Progressive discipline best approach with problem employee

09/05/2008

Some employees may believe their co-workers and supervisors are out to get them because of race, sex or some other protected characteristic. Then they look for evidence to support those beliefs. They catalog every slight for future reference—maybe in a lawsuit. Your best defense against such litigation is a well-established progressive discipline system …