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Employment Law

Even a pay increase can lead to discrimination charges

03/01/2008
Don’t think because an employee receives a raise, he or she can’t sue for discrimination. The fact is, an “inadequate” or “unequal” raise can be the basis of a discrimination lawsuit—if other employees outside the affected employee’s protected class got bigger and better raises …

Candidates who reapply get another chance to file discrimination complaints

03/01/2008
Think time will make a discrimination case go away? Think again. Even if you think a previous complaint has been resolved or run its course, a former applicant or employee who applies for another job can still sue for discrimination if she is again turned down …

No longer adrift: State employment laws may apply on water, too

03/01/2008
Employees who work on Indiana waterways are still protected by some Indiana employment laws. That holds true even if those employees work on a river barge otherwise governed by federal admiralty laws …

Ball State to pay former hoops coach $200,000

03/01/2008
Former Ball State University basketball coach Ronny Thompson will receive $200,000 from the Muncie school to settle racial harassment and retaliation complaints …

Prison nurses say race, complaints led to firings

03/01/2008
Six black nurses have sued Nashville-based Corrections Corp. of America, which operates a prison annex for Marion County, alleging they were fired or forced to resign because of their race and because they complained about unsafe practices at the facility …

Effective evaluations are management tools, legal protection

03/01/2008

Ah, the “halo effect”—the practice of inflating an employee’s annual evaluation to increase overall morale and avoid the unpleasantness of telling underperforming workers what their weaknesses are. Too bad using the halo strategy both undermines performance and exposes employers to legal risks …

Answers to your FMLA military leave questions

03/01/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

N.C. employers face greater risk of punitive damages

03/01/2008
In a pair of surprising decisions, the 4th Circuit Court of Appeals has upheld large punitive damages awards against employers that juries said violated the ADA. The cases are significant because the 4th Circuit Court of Appeals has long been considered the most conservative court in the nation—and a safe haven for employers …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Make sure you fairly distribute dangerous assignments

03/01/2008
Are some assignments within your organization more dangerous than others?  Make sure you don’t dump those duties on members of a protected class. Instead, distribute those tasks evenly so no one can claim he or she was singled out for hazardous assignments because of race, national origin or some other protected characteristic …