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Employment Law

Return employees to their jobs promptly after FMLA leave

11/01/2004
When employees tell you they’re ready to return from leave taken under the Family and Medical Leave Act (FMLA), restore their jobs as soon as possible. Once employees are capable of …

Protecting workers from harassment isn’t a ‘one and done’ deal

11/01/2004
Your best defense against a hostile environment claim is proof that you took quick and effective steps to stop the hostility. But courts won’t look kindly on your efforts if you …

Illness controlled by medication may still be considered a ‘disability’

11/01/2004
Here’s a vexing question faced by many HR professionals: Can employees be considered “disabled” under the Americans with Disabilities Act (ADA) even if their disability can be controlled by medication or …

Warn managers: Avoid assumptions about pregnant employees’ limits

11/01/2004
The Pregnancy Discrimination Act (PDA) says you can’t fire, demote or discipline a pregnant employee simply because of her condition. Take that one step further by reminding supervisors that they also …

EEOC starts cracking down on teen-employee harassment

11/01/2004
Now’s a good time to make sure your organization is complying with child labor laws and doing all it can to
prevent harassment against young employees.
Why? With sexual …

New rules define employers’ reservist-leave responsibilities

11/01/2004
Employers confused over how to comply with the Uniformed Services Em-ployment and Reemployment Rights Act (USERRA) now have new guidelines to follow. For the first time since USERRA’s passage in 1994, …

Prepare for HIPAA’s final phase: the security rule

11/01/2004
It’s back … Just when you thought you’d heard the last word about complying with the Health Insurance Portability and Accountability Act (HIPAA), the final compliance phase is just around the …

Job descriptions: Craft with precision to avoid bias risk

11/01/2004
THE LAW. While no federal law re-quires your organization to write job descriptions for each employee, it’s a wise legal move that most employers follow. When drafting job descriptions …

Include indemnity statement in temp agency contracts

11/01/2004

Q. We’re a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

Tell employees to read each form; don’t summarize

11/01/2004
Issue: The danger of telling employees “Don’t bother reading that; it probably doesn’t apply to you.” Risk: Courts may view your action as a cover-up, sparking …