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Employment Law

Go on offense to establish defense: Train staff in anti-harassment rules

10/01/2002
Maria Gaines, a corrections officer at a New Jersey county jail, claimed that one evening her supervisor grabbed her and kissed her. Then he allegedly joked about it with other high-ranking …

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Foreign workers count toward Title VII’s 15-employee minimum

10/01/2002
A worker was subjected to verbal and physical abuse at a Mexican plant of an American company. He sued for harassment. A district court tossed out the suit, saying the …

Be cautious with FMLA firings; ADA, FMLA can overlap

10/01/2002
When Diantha Smith was diagnosed with breast cancer, she took medical leave covered by the Family and Medical Leave Act (FMLA). While she was on leave, her employer became concerned that …

Supreme Court outlook: All quiet on employment-law front

10/01/2002
In its 2001-02 term, which ended in June, the U.S. Supreme Court handed down a whirlwind of employment-law decisions. But as the high court plans to open its 2002-03 term …

Labor Department offers Spanish-language FMLA poster

10/01/2002
Covered employers are required to post a “Your Rights Under the FMLA” poster and are expected to communicate the basics about the Family and Medical Leave Act (FMLA) to employees who …

Investigating workplace harassment: 10 steps to success

10/01/2002
When complaints of workplace harassment arise, as they inevitably do, managers and HR directors are called upon to respond. Doing this right is a high-stakes venture. Here are 10 steps to …

Length of Job Doesn’t Figure in Contractor Status

10/01/2002

Q. We’re an at-will employer. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released? —D.A., Michigan

Dole Out Stipends in a Nonbiased Way

10/01/2002

Q. Is it legal to offer some employees, but not others, stipends to help with education, rent or lodging? —N.G., California

No job application needed to sue for hiring bias

09/01/2002
When a University of Arkansas dean position was advertised on campus and statewide, Howard Lockridge, an African-American department chairman, told his supervisors he wasn’t planning to apply for the job. …