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Employment Law

Court can enforce flextime, ‘quiet time’ as accommodations

05/01/2002
A file clerk who suffered from obsessive-compulsive disorder, a recognized disability, was easily distracted and had trouble completing her work. As an accommodation, she asked for permission to do some …

React fast, firmly to harassment; courts will reward your judgment

05/01/2002
A political cover-up usually gets people in bigger trouble than the crime itself. The same is true in the workplace. Trying to sweep employee misbehavior under the rug will only dig …

Draft bulletproof waiver deals with 6 court-approved benchmarks

05/01/2002
Courtney Melanson suffered two years of unwanted sexual advances by her supervisor at Browning-Ferris Industries (BFI). She took medical leave due to the stress and, when she returned, BFI assigned her …

Supreme Court drops pivotal age case

05/01/2002
Can employees file age-discrimination lawsuits based on the fact that a company’s action, while not discriminatory on its face, has an unfair impact on workers over age 40? In a handful …

‘Past-tense’ pregnancy isn’t enough

05/01/2002
A federal district court tossed out a case brought by an office manager who claimed she was harassed during her pregnancy and fired eight months after she returned to work. Reason: …

EEOC lifts controversial ADEA link to retiree benefits

05/01/2002
Bowing to criticism from employers and employee groups, the EEOC has officially rescinded its policy of applying the Age Discrimination in Employment Act (ADEA) to employer-sponsored retiree health benefit plans. …

FMLA recordkeeping hassles costing businesses big bucks

05/01/2002
Complying with the information-collection requirements of the Family and Medical Leave Act (FMLA) costs large- and medium-size employers an average of $825,000 annually, says a recent survey by the Employment …

Examine your promotion policy for reverse discrimination

05/01/2002
Reason: In a closely watched case, a federal court struck down the U.S. Army’s officer promotion process on the grounds it discriminates against white men. The policy notes past discrimination against …

Supreme Court: Illegal workers aren’t due back pay

05/01/2002
Immigrants who work in the United States illegally can’t claim the same rights to restitution as U.S. citizens when they are mistreated on the job, the U.S. Supreme Court ruled last …

Employee’s resignation stops your FMLA obligation

05/01/2002

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before her resignation. Are we under any obligation to return her to a position she resigned from? Are we obligated to offer her a job when FMLA expires? —T.K., Massachusetts