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Employment Law

Interviewing older candidates: Don’t cross the bias line

08/01/2005
THE LAW. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate in the work-place against people over age 40 on the basis of their age. The law …

Dangerous and Disabled: ADA’s ‘Direct Threat’ Rule

08/01/2005

Q. One of our employees, who has diabetes, is on the road a lot tending to patients in their homes. We’ve heard that she is having trouble seeing patient charts and difficulty pricking patients’ fingers for tests. What should we do? —M.J., New Jersey

HIPAA Rules Aren’t Just For Doctors and Hospitals

08/01/2005

Q. I’d like to know if our company needs something like a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field? —B.B., New York

Intermittent FMLA leave may cause inconvenience

08/01/2005

Q. We have an employee on intermittent FMLA leave who periodically faints at work, is carried away in an ambulance, is off for a few days and then returns. Her position is critical. Do we have to continue with these absences? —R.R., Massachusetts

Apply dress code evenly among sexes, within reason

08/01/2005

Q. Our company manufactures plastic tubing. Our general manager is requesting that men not wear sleeveless or tank-top shirts, due to sweat and appearance. He said women can wear them as long as their shirts are seamed. Is this legal? —C.M., Texas

Firing during FMLA leave: legal, but usually unwise

08/01/2005
Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Save medical exams for last step in pre-hire screening

08/01/2005
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don’t do it.
Follow the …

Always verify FMLA eligibility before approving leave

08/01/2005
Issue: Courts won’t look kindly on employers that OK an employee’s FMLA leave but then change their minds.
Risk: In such cases, courts could grant FMLA rights even if the …

2005 SHRM conference

08/01/2005
?’Winging it’ during interviews poses double danger
Using unstructured, “tell me about yourself” questions during
job interviews not only opens you to discrimination claims, it often results in poor …

Retain benefit eligibility after FMLA leave

08/01/2005

Q. We understand that employees on FMLA leave don’t lose investment toward retirement plans. Leave time is counted as work time. But our policy says that if employees are out for more than 30 days, their anniversary dates will change. Accrued paid-time off and vacation time will be based on the new anniversary date. Can we do this? —K.A., Connecticut