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Employment Law

E-Mail policies and the NLRA

06/10/2008
Q. I work in the HR department of a unionized company, and our CEO wants me to draw up an employee e-mail use policy. Can I restrict personal e-mail use without violating the National Labor Relations Act (NLRA)? …

Track discipline by offense, worker traits to reduce bias risk

06/09/2008
Employees who believe management has unjustly targeted them for poor treatment often blame it on bias against whatever protected class they may belong to. That’s why it’s so important for employers to proactively ensure that they enforce all rules equitably and fairly—so no employee can claim she was singled out for harsh punishment …

Court warns against bending the rules when hiring

06/09/2008
Don’t give in if managers ask HR to change the hiring criteria because they think they have already found the perfect candidate—who just happens to lack one of the job requirements. Courts often view such ad hoc changes as serious flaws in the hiring process …

Tell managers and supervisors: Absolutely no comments on pregnancy, parenthood allowed

06/09/2008
Nothing builds a circumstantial sex discrimination case like needless pregnancy and parenthood comments. Explain to all managers and supervisors that their subordinates’ childbearing plans are absolutely none of their business …

Use performance evaluations to pinpoint problems—And follow up

06/09/2008
There’s no point in completing performance evaluations and suggesting areas in which employees could improve if no one follows up. The best approach is to schedule an interim review for an employee who needs improvement. Then tell him what he needs to do before the next review …

Hillsborough pilot wins $36,000 age discrimination suit

06/09/2008
A crop-duster who accused Hillsborough County of refusing to hire him because of his age has won a jury verdict of $36,000 in back pay. John Van Voorhis claimed the hiring manager said he didn’t want “an old man pilot.” …

Wal-Mart to pay $12,000 to veteran it didn’t hire back

06/09/2008
When Sean Thornton, of Deltona, was discharged from the U.S. Air Force in 2006, he asked Wal-Mart if he could return to his former job as a cashier. The retail chain refused, and Thornton sued, alleging violations of the Uniformed Services Employment and Reemployment Rights Act …

Prison nurses receive $630,000 for hostile work environment

06/09/2008
A federal jury found the Florida Department of Corrections guilty of condoning sexual harassment by male inmates in its Martin Correctional Institution …

Equal enforcement keeps juries from wondering about bias

06/06/2008
Employees who lose their jobs after committing some infraction often look for reasons to sue. Don’t give them an excuse to drag you into court! The best way to immunize your organization from lawsuits: Equitably and fairly enforce your work rules …

How not to manage a hostile work environment

06/06/2008
When employees complain about being harassed while at work, employers often wonder how to stop the offending behavior. One thing is certain—simply ordering employees to stop doing what they allegedly are doing isn’t enough …