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Employment Law

Reinstate employees right after leave; don’t delay

12/01/2004
Issue: Employees’ right to immediate reinstatement when returning from leave covered by the Family and Medical Leave Act (FMLA).
Risk: Any delay in returning employees to their jobs after FMLA …

Bilingual bias: Don’t overwork staff who speak multiple languages

11/01/2004
You’re free to assign employees based on their foreign-language ability. For example, you can assign bilingual Spanish-speaking employees to serve customers who
speak Spanish.
But remind managers not to …

Retaliatory job reference is illegal even if a person’s hiring was unlikely

11/01/2004
When you provide references about former employees, keep quiet about whether the ex-employee had sued the company in the past. And train managers to do the same. Spilling the beans about …

Erase ideas of ‘implied contract’ with repeated at-will statements

11/01/2004
Make sure all versions of your company policies, whether in employee handbooks, online policies or even offer letters, contain clear at-will employment statements.
As this ruling shows, you won’t be …

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, …