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Employment Law

Good news: Bullying and verbal abuse probably are not emotional distress

07/21/2008
Sometimes a rogue supervisor comes along who bullies or verbally abuses a subordinate. While such conduct may sometimes violate Title VII and other federal laws, it seldom results in additional awards for emotional distress under Georgia law. And that’s good news because losing an emotional distress case can be expensive.

Air conditioning: mandatory accommodation?

07/21/2008
Charles Gribben, a UPS driver in Phoenix, was told by his doctor to operate only trucks with air conditioning. But UPS, finding it couldn’t accommodate Gribben’s disability, terminated him. Gribben sued UPS under the ADA …

Think twice before posting, withdrawing job

07/21/2008
Paula Casamento had worked for years in a variety of functions for Boston’s mass transit agency, but wanted to be promoted. When the agency posted a new supervisory position, she applied. A male employee had been performing most of the new job’s functions for several years …

Don’t play doctor with employee ailments

07/21/2008
Electrician David Justice worked at a canning plant when he suffered a stroke. It affected his balance, so when he returned to work, his doctor said he could no longer work on catwalks or ladders …

Crawfish étouffée: $143,000

07/21/2008
The Georgia Department of Transportation (GDOT) has agreed to pay more than $143,000 to settle sexual harassment complaints by Mary Harris, a GDOT secretary, and Carrie Hart, who staffs the front desk in the commissioner’s office …

Employee in the hot seat loses claim he was falsely imprisoned

07/21/2008
Zachary Shannon began working for OfficeMax in January 2006. When the company hired him, Shannon signed a standard agreement that he would not photocopy pornographic materials. On Jan. 14, an employee found pornographic photocopies on one of the store’s copiers …

How employers can stick to their guns under the BSEPA

07/21/2008
Georgia’s Business Security and Employee Privacy Act (BSEPA) took effect July 1, 2008. The law expands employees’ rights to transport lawfully registered firearms in their vehicles even if they are traveling to work. The law will not turn the workplace into shooting galleries, but it will limit employers’ rights to search employees’ vehicles …

Avoiding reference-Related retaliation claims

07/21/2008
Q. How should we handle giving references about a former employee who was involved in litigation against the company or filed an administrative charge with a government agency, such as the EEOC or the DOL? Should we include that information in response to the reference? Or should we not provide any information at all? …

‘Utilization review’ is exclusive way to challenge treatment

07/18/2008
The California Supreme Court has ruled that there is only one way for employers to challenge the medical treatment injured workers and their doctors want to pursue. All challenges must use a process created by the California Legislature called “utilization review.”

Set—And enforce—Text messaging and paging privacy policy

07/18/2008
Public employers may have to revise their cell phone, e-mail and text messaging policies in light of a recent 9th Circuit Court of Appeals decision. If you handle HR for a government agency, make sure you have a strong privacy policy that spells out your right to read text messages transmitted over employer-paid services …