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Employment Law

Seeking more information so employers can plan around intermittent FMLA leave

04/28/2008
Q. I’ve required employees seeking FMLA leave to have their doctors fill out the DOL’s medical certification form. Too often, though, the information I get from doctors is too vague to be much help. Is there any way I can get more detail in these forms? …

Lawsuit and agency investigation at same time?

04/28/2008
Q. Can an employee sue us in the New Jersey Superior Court for the same alleged discrimination still pending before the Division on Civil Rights? …

Don’t let FMLA status keep you from firing lousy employee

04/25/2008
There’s a common misconception out there that says that employers can’t fire employees who have recently taken or need to take FMLA leave. Nothing is further from the truth—if you go through the trouble of carefully documenting workplace deficiencies …

Do you discipline for age-Related remarks? You should

04/25/2008
A supervisor who makes rude or obnoxious comments about his subordinates’ ages might wind up causing an age discrimination lawsuit. That’s one reason you should take seriously all complaints about inappropriate comments—and discipline supervisors who think age is something to joke about …

It’s up to the employee to explain religious objections

04/25/2008
Good news for employers: You aren’t required to be religiously clairvoyant when it comes to accommodating religious beliefs. Although Title VII says employers must reasonably accommodate religious beliefs that conflict with job requirements, it is the employee who is responsible for explaining exactly how her religion conflicts with some aspect of the job …

Serial complainer? She probably can’t show retaliation

04/25/2008
Employees who file discrimination complaints can claim retaliation if they can show that their employers took actions that would dissuade reasonable employees from complaining in the first place. But employees who constantly file complaints probably won’t be able to show retaliation for all but the most egregious punishments. Here’s why …

Strict physical requirements appropriate for risky jobs

04/25/2008
Some jobs are more dangerous than others if employees can’t perform them safely. For those types of positions, you can require periodic physical exams and suspend employees found to have physical problems that could increase the likelihood of an accident. If you do so, you don’t have to worry that you’ll violate the ADA …

Make and keep interview notes to prove promotion process wasn’t discriminatory

04/25/2008
Employers that lean heavily on interviews to decide which of two equally qualified candidates to promote should make sure they can later explain the selection process. That means asking participants in panel interviews to take and collect notes on what the interviews covered and how well the candidates did …

Can a guy mess up so bad, it turns out good?

04/25/2008
In 2000, Jeffrey Paich was hired to manage the Nike Factory Store in Mercer. A year later, Debra Sweda became Paich’s supervisor. Over the next four years, Sweda was inundated with complaints about Paich’s temper and his treatment of women …

The universal language: Good food … with Cheez Whiz, please!

04/25/2008
A Philadelphia Commission on Human Relations panel has ruled that the English-only signs greeting customers at Geno’s Steaks, the famous South Philly cheesesteak shop, do not violate the city’s Fair Practices Ordinance …