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Employment Law

Avoid Phrases That Can Sabotage Job-Review Meetings

01/01/2006
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Asking for Test Results Is OK if a ‘Business Necessity’

01/01/2006

The ADA prohibits you from seeking medical information simply to find out if the person has a disability. You can, however, seek such details to discover whether a person is medically fit to perform the job duties. Don’t shy away from every medical inquiry; just make sure it’s based on a legitimate business necessity …

Don’t give up on accommodations too early; show a ‘good faith’ effort

12/01/2005
When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly …

Set separate notice rules for FMLA and regular absences

12/01/2005
Your organization can (and should) establish clear rules for whom employees should contact if they need time off. Those rules can specify one contact person …

‘Customer preference’ is no reason for discriminatory hiring choices

12/01/2005
Make sure your hiring managers understand that customer preference should play no part in their hiring decisions. Applicants’ race, age, sex or religion …

Can you require employees to speak English around customers?

12/01/2005

A narrowly tailored English-only policy that is designed to serve legitimate business needs is not discriminatory, says the EEOC. To be valid, the policy should spell out when English is required and let employees converse in any other language at all other times …

Harassment victims aren’t immune from discipline; document actions

12/01/2005
Retaliating against employees for filing harassment complaints is an obvious no-no. But that doesn’t mean employees automatically earn a “Do not touch” label …

You won’t be liable for employees’ conjecture about discrimination

12/01/2005
You can’t stop employees and low-level supervisors from comparing notes and speculating about management’s motivations; the right to complain is practically …

You can request new certification at the start of each ‘FMLA year’

12/01/2005
A new Labor Department opinion letter clarifies that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “leave year.”

Keeping confidential info secret: Lessons from the Wal-Mart leak

12/01/2005

Wal-Mart execs were wearing egg on their faces last month, and possibly facing legal action, after news media published an internal memo in which a senior VP suggested "clever" ways to cut benefit costs …