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Employment Law

Statements about race may trigger reverse discrimination

11/01/2007

When it comes to reverse discrimination, comments by senior managers may backfire if others perceive them as encouraging racial preferences. For example, when a high-level executive comments that the organization needs more black employees in management positions, hiring managers could construe it as authorization to bypass qualified white candidates in favor of black candidates with lesser qualifications …

Time to care for adult children limited to ADA disabilities

11/01/2007

The FMLA provides employees with up to 12 weeks off to care for a child suffering from a serious health condition. But when the child is an adult, the rules change, making it much harder for employees to qualify for leave. Here’s why: FMLA regulations say that FMLA leave for children older than 18 is available only if the child is disabled under the definition in the ADA …

When whistle-Blowing is involved, discharge reasons must be rock-Solid

11/01/2007

he Michigan Whistleblowers’ Protection Act protects employees who report suspected wrongdoing to public authorities from retaliation. An employer that knows an employee has reported alleged wrongdoing must take special care when disciplining or discharging that employee. Unless you have an absolutely legitimate business reason for your action, the timing makes the decision suspect and will most likely lead to a jury trial …

Planned Parenthood defends race discrimination case

11/01/2007

Planned Parenthood Centers of West Michigan in Grand Rapids won a race discrimination case filed by a black health care specialist, who was fired for falsifying patient records and dispensing emergency contraceptive pills (ECPs) without required staff approvals …

Michigan employers make Best Places to Work for GLBT

11/01/2007

Seven Michigan employers made the 2007 list of “Best Places to Work for GLBT Equality,” a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …

GM takes VEBA for a test drive

11/01/2007
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Consider ADA, discrimination, validity issues when using personality tests

11/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …

Respond right away to avoid costly judgments

11/01/2007

Train everyone in your organization who might receive legal documents—from the mailroom clerk to the front-desk receptionist—to pass them on to management ASAP. Misplaced pleadings can mean an easy win for the person suing. What’s worse, if you miss important deadlines, you’ll lose any chance you might have had to get the case tossed out …

On the hook for FMLA transgression? Offer immediate reinstatement to cut liability

11/01/2007

The FMLA is a complicated law, ready to trip up even the savviest HR specialist. Often, a case turns on the employer’s subjective motivation rather than its objective action. What do you do once you realize your organization may be on the hook for an FMLA violation? The answer: Immediately, unconditionally offer to reinstate the employee. You will cut back-pay and failure-to-reinstate liability …