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Employment Law

Don’t require employees to visit a psychologist

06/01/2005

Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance? —N.M., Kansas

Pay for uniform-Change time if job requires it

06/01/2005

Q. Do we have to pay employees for the time they spend changing into their uniforms before work (and out of their uniforms afterward)? We’re a hospital and our operating-room personnel must change clothes. —E.T., Maryland

Sharpen your no-solicitation policy with precise language

06/01/2005
Issue: How to stop employees from promoting a union organizing campaign on company time.
Benefit: A correctly worded no-solicitation policy gives you the power to legally squash in-house organizing efforts. …

Female employees can sue for ‘potty parity’

06/01/2005
Don’t make different bathroom-break rules for the different sexes. Case in point: A manufacturer’s new factory had only one restroom, which was designed for men. Female employees could use that restroom …

Build an impenetrable age-bias shield

05/01/2005
In light of the Supreme Court’s recent landmark age-bias ruling, you should schedule time in the coming weeks to review your organization’s policies, from hiring to compensation and layoffs, to find …

Base bilingual hiring decisions on language skill, not ethnicity

05/01/2005
Like many employers, you may have legitimate business reasons for hiring bilingual employees. Federal anti-discrimination laws allow you to target bilingual employees, as long as you use their language skills, not …

Smaller raise can count as ‘adverse action’ that triggers lawsuit

05/01/2005
Make sure your employee evaluation process includes clear-cut instructions and guidance for managers on how to link performance with compensation.

Previous pregnancy troubles are no reason to refuse hiring, rehiring

05/01/2005
Remind your managers: Contrary to popular belief, female employees don’t need to be pregnant to earn legal protections under the federal Pregnancy Discrimination Act (PDA). Even nonpregnant employees can sue.
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Gauge what a person confronts, not overcomes, to see if he’s ‘disabled’

05/01/2005
Before taking employment action against impaired employees, evaluate their abilities thoroughly. Your goal: Determine if they would qualify as “disabled” under the ADA, and therefore, earn accommodations. Compare the employee’s abilities …

Sharpen your no-solicitation policy; vague language may let union in

05/01/2005
The best way to prevent employees from rallying support for a union in the workplace is to write and enforce a specific no-solicitation policy. To make sure it passes legal muster, …