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Employment Law

Do your managers know an FMLA request when they see one?

03/01/2005
When employees request leave, especially for unforeseen circumstances, they don’t need to assert their FMLA rights explicitly by saying, “I need FMLA leave.” In fact, they don’t need to mention FMLA …

Age-bias law covers apprenticeships.

03/01/2005
Several applicants over age 40 complained to the EEOC about age bias after they were turned down for admission to a maritime training apprenticeship program. The EEOC sued the program and …

“Confederate Southern-American” isn’t a protected class.

03/01/2005
It’s illegal to discriminate in hiring, firing, promotions or pay because of a person’s national origin. Courts have said national origin must refer to a country where the person was born …

Hair samples are a legitimate method of drug tests.

03/01/2005
A police department ordered one if its officers to provide a hair sample for a drug test after it suspected him of using cocaine. The test, which involved shaving a patch …

Keep applications clean; jotting notes may trigger hiring-bias claims

03/01/2005
Don’t track applicants’ race, sex, religion, age or national origin information on their applications or any other pre-offer documents unless you’re required to do so under certain affirmative-action laws. And if …

More reason to crack down on disability-related jokes and teasing

03/01/2005
When training supervisors, stress that they must work harder to prevent workplace intolerance toward employees with physical or mental impairments.
Reason: More courts are allowing employees to use
the …

When handing out discipline, make punishment fit the crime

03/01/2005
Managers may want to “get tough” on employees who have given them trouble in the past. But, as the following case shows, employees can sue for retaliation if they can prove …

Don’t impose grooming rules that weigh heavier on one gender

03/01/2005
Courts usually allow you to set grooming policies or appearance standards, particularly for employees who deal directly with customers. Just make sure you apply your rules evenhandedly across your work force. …

Remind managers to prevent ‘off-the-clock’ work

03/01/2005
Telecom giant Cingular settled a Labor Department audit last month by paying $5.1 million in back wages to more than 25,000 customer-service reps and agreeing to create a new time-reporting review …

New motivation to complete your EEO-1 paperwork

03/01/2005
If you’re required to file an annual EEO-1 form, don’t let the task slip: The EEOC can get tough with companies that shrug off this duty. Example: The EEOC filed a …