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Employment Law

Grant maternity leave just as generously as you do other leave

09/02/2008
When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination: the FMLA and the Pregnancy Discimination Act. Employers who understand that the FMLA and the PDA work together aren’t likely to make mistakes that result in lawsuits …

Investigate to find truth behind discrimination complaints

09/02/2008
Sometimes a supervisor targets the members of protected classes for poor treatment. But what looks like discrimination sometimes isn’t. Employers can learn the truth—and often protect themselves from liability—by holding off on discipline until after HR has conducted a thorough, independent investigation …

Discrimination costs Alamosa schools $240,000 plus

09/02/2008
A Denver jury has awarded a former school administrator $240,000 for discrimination she suffered based on a perceived disability. Discrimination based on a perceived disability violates the ADA …

Sex is a ‘Major life activity’

09/02/2008
Most people probably think so, but the U.S. District Court, District of Colorado has now made it official: Recreational sex is a “major life activity” under Title I of the ADA. The case involved a former letter carrier who resigned after being passed over for numerous promotions …

How to comply with Colorado’s 3 newest workplace laws

09/02/2008
The Colorado Legislature passed several laws during the most recent legislative session that will directly affect Colorado employers, and more changes may be on the way. HR professionals need to update workplace policies and procedures to comply with these new worker rights and employer obligations …

Military Family Leave: New employee rights under the FMLA

09/02/2008
On Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act, which grants new leave rights to employees with family members in the military. Because the NDAA amended the FMLA—not USERRA—the changes apply only to employers with 50 or more employees …

Should we have laid-Off employees sign releases?

09/02/2008
Q. Business has been slow and it doesn’t seem likely it will pickup in the foreseeable future. We’re going to have to let some employees go. I’ve heard some employers in our situation ask employees to sign agreements releasing the company from future employment-related claims. Should we get releases from the employees when we terminate them?

Handling layoffs with workers’ comp claims pending

09/02/2008
Q. We need to lay off an entire shift at our assembly plant. A few of these workers are off work or on temporary light-duty jobs as a result of on-the-job injuries. They have workers’ comp claims pending. If we lay off the entire shift, can we lay off the injured workers as well? …

Can I use several criteria for whom to lay off?

09/02/2008

Q. I need to lay off some staff. I was going to select some based on the fact that they were the most recently hired. I was also going to select others who were hired earlier, retaining some who were hired in between the two groups. Is that permitted? …

What managers need to know about the ADA

09/01/2008
When you’re faced with an employee or applicant who may have a physical or mental disability, your legal antenna should go up right away. That’s because the complex Americans with Disabilities Act (ADA) gives qualified disabled people special rights in the workplace. Here’s what a manager needs to know about the ADA: Who is protected? […]