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Employment Law

Cutting health insurance costs by declining to cover contraception

04/01/2008
Q. Our company is trying to reduce our medical insurance costs. I have been asked whether we could eliminate coverage for contraceptives. If we provide health care that includes a prescription drug benefit, are we required to provide coverage for contraceptives? …

Filing a Michigan discrimination claim?

04/01/2008
Q. My understanding is that an employee must file a charge of sex discrimination with the EEOC or the Michigan Department of Civil Rights (MDCR) within 180 days. I have been told by the EEOC that it will investigate charges filed within 300 days of the alleged discriminatory act. Which is correct? …

Rush to fire or demote pregnant employee often backfires

04/01/2008
When it comes to discrimination claims, timing can be everything. An employer that discharges or demotes a pregnant employee (or one who has just given birth) is asking for a discrimination or retaliation lawsuit. If you have a poorly performing employee who is pregnant or just gave birth, don’t do anything adverse until she has returned to work for some time …

Remedy for discrimination can include neutral references and contact reporting

04/01/2008
Employees who win discrimination lawsuits against their former employers sometimes are entitled to more than money. In the right circumstances, they are entitled to other things to make them “whole” again, including positive references, notice when a prospective employer contacts the former employer and changes to the separation notice …

OSHA’s visit to Imperial Sugar too late, unions say

04/01/2008
OSHA has announced it will conduct combustible dust inspections at thousands of U.S. factories in the wake of an explosion at the Imperial Sugar refinery in Port Wentworth that left 12 workers dead and dozens badly injured. A preliminary investigation revealed the Feb. 7 blast was caused by airborne sugar dust in a basement area …

EEOC sues over strip searches at Winder restaurant

04/01/2008
The EEOC has filed a lawsuit on behalf of three black employees who say they were strip-searched at a Krystal restaurant in Winder after $100 disappeared from a white employee’s cash register. The lawsuit alleges a male worker was allegedly ordered to remove all his clothing in the back of the store …

Seniority puts Delta, Northwest airline merger in holding pattern

04/01/2008
A potential merger of Delta and Northwest airlines is on hold while pilots try to work out a seniority agreement. The proposed merger is complicated by the fact that Atlanta-based Delta has a younger work force than Northwest, which is based in Eagan, Minn. …

How one rude employee can spark a disability lawsuit

04/01/2008
Employees can get frustrated. Sometimes, they even act rudely. But a new ruling highlights a legal risk you may not have thought about: An employee’s rude treatment can quickly turn into an ADA lawsuit if the customer is disabled …

The EEOC’s new initiatives for 2008: All talk … or a real threat?

04/01/2008
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers … 

How to assign FMLA leave to a reluctant employee

04/01/2008
Q. What happens if an employee takes sick or vacation leave and we want to run out his FMLA leave? We think he has a qualifying condition, but he won’t get medical certification because he doesn’t want the time used for FMLA. — R.W.D., Georgia …