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Employment Law

Religion: Extended leave may be undue hardship

11/28/2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.

Track every harassment complaint, document your efforts to address the problem

11/28/2018
Employers that create a complaint system for reporting harassment and follow through on those complaints with appropriate action earn a defense to most harassment claims.

ADA: Bosses must address poor performance

11/27/2018
Sometimes, managers allow a poor performer to get by for a long time. Letting it slide seems easier than insisting on improvement or imposing discipline. But delaying action can trip you up later if the employee later claims a disability and demands reasonable accommodations.

Good job descriptions thwart ADA lawsuits

11/23/2018
The best way to avoid a trip to the courtroom to deal with an Americans with Disabilities Act accusation is to use a job description that concentrates on these components.

Sued for bias? Prepare to turn over discipline records

11/21/2018
When an employee alleges that discrimination caused him to be punished more severely than other workers outside his protected class, his lawyer will probably demand disciplinary records relating to other workers. Be prepared to hand over those records.

DOL opinion letters address FLSA questions

11/21/2018
The U.S. Department of Labor is making up for lost time. After suspending DOL opinion letters for most of the Obama administration, it has issued a blizzard of them in the last year. Here are two interesting recent ones.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

Clock ticking on Trump’s picks to fill Labor Department vacancies

11/20/2018
The 115th Congress is set to adjourn for good on Dec. 14. Between now and then, all manner of business needs congressional action.

Managers help Chicago 911 slash FMLA absences, costs

11/20/2018
Two years ago, 49% of the employees at the city of Chicago’s main 911 call center were out on some type of absence related to FMLA leave. But a crackdown this year trimmed employees’ FMLA usage by 4,000 hours, slashed absenteeism by 900 shifts and cut overtime cost by $800,000. How?

EEOC touts #MeToo year of accomplishments

11/20/2018
The EEOC began fiscal year 2018 last fall, just as the #MeToo movement began calling out workplace sexual harassment. It marked the start of a productive year for the commission.