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Employment Law

Personality tests: Yours may now be illegal

08/01/2005
If your job-screening process includes personality testing, review that test now to see if it includes any questions that could be considered “medical inquiries” revealing a person’s mental disability. And check …

Check bankruptcy records when employees sue

08/01/2005
If your organization is hit with an employee lawsuit, consider having your attorney check for a bankruptcy filing by the employee who sues you. If the lawsuit isn’t listed as an asset with …

Prevent retaliation: Urge managers to keep cool in face of a lawsuit

08/01/2005
When an employee makes noise about discrimination, it’s natural to become defensive. It hurts to be accused of
breaking the law, especially if it isn’t true. But don’t let a …

USERRA allows only one reinstatement, not two

08/01/2005
The federal Uniform Services Employment and Reemployment Rights Act (USERRA) says that if an employee’s military-related absences last less than five years, you must reinstate the employee to his or her …

Employee returning from injury leave? Don’t treat her with ‘kid gloves’

08/01/2005
You may know that the ADA entitles disabled people to reasonable accommodations to allow them to perform their job’s essential functions. But what about employees who have minor medical ailments that …

Leave-deduction option isn’t enough to destroy exempt status

08/01/2005
One of the biggest pitfalls with the Fair Labor Standards Act is the salary trap. FLSA entitles exempt employees to their entire regular salary in any week they are ready, willing …

Calling in ‘sick’ won’t trigger FMLA; employee must give details

08/01/2005
What do you do with employees who call in sick with vague excuses, aches and pains and other less-than-convincing reasons? Can you discipline those people for unexcused absences without fearing that …

If supervisors harass, keep your defense alive with quick action

08/01/2005
In sexual harassment cases, your worst-case scenario is harassment by a supervisor. That’s because sex harassment by a supervisor resulting in a tangible employment action (firing, demotion, pay cut, etc.) is …

‘Winging it’ during interviews poses double danger

08/01/2005
Using unstructured, “tell me about yourself” questions during job interviews not only opens you to discrimination claims, it often results in poor hires, says Mindy Chapman, national director of training for …

Prevent age-based harassment: No ‘old guy’ jokes

08/01/2005
Even among employers that serve as models for sexual harassment and race-discrimination training, one type of bias often tolerated is age-based discrimination and harassment, says Atlanta-based employment-law attorney Douglas Towns.
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