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Employment Law

Pregnancy: Run disability leave concurrent with FMLA?

10/01/2007

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Encourage, don’t require, EAP counseling

10/01/2007

Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho …

Train managers: Sexual-Orientation comments are off limits

10/01/2007

The California Fair Employment and Housing Act bars employment discrimination based on sexual orientation. In fact, the law clearly states, “Freedom from employment discrimination on account of sexual orientation is a civil right.” Make sure supervisors know: Comments about an employee’s sexual orientation simply aren’t appropriate in the workplace. They’ll lead to trouble …

Retirement math must comply with PDA, Title VII—For now

10/01/2007

Can employees sue for a company practice that was perfectly lawful when it was implemented but has since become illegal? Yes, according to a recent 9th Circuit Court of Appeals case in which employees complained that a company policy didn’t give them full-service credit toward their retirement benefits during their pregnancy leave …

Callous treatment may cost you punitive damages

10/01/2007

Under the California Fair Employment and Housing Act, employers that don’t reasonably accommodate disabilities may be liable for both actual and punitive damages. And those punitive damages can add up, frequently exceeding the amount of actual damages. Train all managers and supervisors on the consequences of being perceived as intentionally ignoring the law …

Act fast to remedy slurs, threats, other outrageous behavior

10/01/2007

It may be the phone call you most dread getting—an employee says the workplace is riddled with hostile behavior, from offensive graffiti in the restroom to racial slurs and innuendo. What’s your first move? Ignoring complaints won’t make them go away. Instead, you need an action plan to deal immediately with the harassment …

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

Know applicant’s race? Don’t try to deny the obvious

10/01/2007

You know you aren’t supposed to consider race in hiring decisions. And ideally your organization takes steps to ensure the hiring process is as color-blind as possible. But let’s face facts: Sometimes the person screening applications is going to know the job-seeker’s race (especially when a current employee seeks a promotion). Denying that fact won’t help you if an applicant who doesn’t get the job decides to sue—and it may actually hurt. The applicant can raise the denial as evidence of illegal motive or intent …

When identifying sexual harassment, totality of circumstances tells the tale

10/01/2007

California employees have a right to a work environment free of sexual harassment, and employers are obligated to prevent harassment. But that doesn’t mean that every comment, gesture or look that may be perceived as sexual can be considered harassment …