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Employment Law

Disabled or not? Diagnosis and symptoms are just part of the analysis

01/01/2008

Many serious conditions aren’t disabilities at all under the ADA. It all depends on how the condition affects the person’s daily life. That’s why it’s important to gather as much information as possible before you concede that an employee is disabled. Many times, the claimed condition just doesn’t measure up …

Women have up to three years to file equal-Pay lawsuits under the EPA

01/01/2008

If you thought last year’s U.S. Supreme Court decision in the Ledbetter case made it clear that employees must file EEOC complaints within 300 days of suffering a discriminatory pay decision, think again. That deadline applies only to sex discrimination cases brought under Title VII of the Civil Rights Act …

After United gives workers the bird, some give it back

01/01/2008

Five United Airlines workers needed medical attention for nausea and vomiting after partaking in the airline’s holiday peace offering—a full Thanksgiving dinner with all the trimmings. The feast was supposed to be United’s way of restoring goodwill after the Aircraft Mechanics Fraternal Association criticized the airline …

Basic problem stalls pay suit: Plaintiff made lots of money

01/01/2008

Jacqueline Bowbin sued Bulkmatic Transport Inc. for gender discrimination, alleging violations of the Equal Pay Act. In 2006, Bowbin claims, her supervisor told her she would be well into a six-figure salary with bonuses and stock compensation. But that year, Bulkmatic apparently did not award either, companywide. Bowbin cried gender discrimination …

Caution: ‘Going by the book’ may be retaliation

01/01/2008

When an employee everyone considered loyal suddenly starts complaining to a regulatory agency about alleged workplace violations, it’s natural to be upset. But resist the temptation to send the employee a message by suddenly enforcing the work rules zealously …

Relying on evidence to back up termination? Don’t lose it

01/01/2008

When you catch an employee red-handed breaking a rule and you have solid evidence on your side, it seems like a no-brainer to fire him. But when you do, keep this in mind: If you lose an incriminating tape, e-mail or handwritten note, expect to lose the case …

Avoid a big stink: Don’t make ADA disability call on your own

01/01/2008

Some employees claim they are ultrasensitive to scents commonly found in detergents, perfumes, deodorants and other products. It’s not clear how far employers have to go to create a fragrance-free environment, but smart employers are willing to take at least some measures to help employees bothered by the scents of co-workers …

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …

Handle terminations with dignity, due deliberation

01/01/2008

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises …

Tell supervisors: If you use racist language, you’re fired

01/01/2008

One of the fastest paths to a nasty race discrimination case—and all the bad publicity that follows—is for a supervisor to make a racist comment. If that supervisor is then involved in any disciplinary action against the employee, chances are those earlier comments will provide the employee with direct evidence of discrimination …