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Employment Law

ADA: Permanent part-time work not reasonable

11/13/2018
Employers aren’t required to create new positions as reasonable accommodations for disabled workers, or farm out so much work to co-workers that the job becomes part-time.

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Nix nixed light duty for pregnant employee

11/13/2018
Nix Health, a hospital in San Antonio, faces charges it violated the Preg­nancy Discrimination Act when it refused a pregnant worker’s request for a light-duty assignment.

Midterms to affect employment law landscape

11/08/2018
Two years of Republican control of Washington ended Nov. 6 with Democrats seizing control of the House of Representatives. That gives Democrats some say on setting the legislative agenda, including employment law issues.

How to legally limit recording devices in the workplace

11/06/2018
Be it a smartphone, tablet or laptop, cameras and voice recording systems are everywhere. Employers can take concrete steps to limit how much of the technology is allowed in the workplace. But those policies may violate state and federal laws if not carefully crafted.

Fifth EEOC complaint filed against Bryn Mawr Trust

11/06/2018
A woman who worked at Bryn Mawr Trust in Pennsylvania was fired shortly after corroborating a co-worker’s account during an investigation into race and sex discrimination charges at the bank, according to a complaint filed with the EEOC.

Punishment for ending affair creates liability

11/06/2018
A consensual sexual affair may not mean automatic liability for sexual harassment or sex discrimination, but punishing an employee for ending an affair does.

Merely offering severance package doesn’t constitute admission of employer wrongdoing

11/06/2018
It’s often tempting to offer a severance package in exchange for the promise not to sue over alleged discrimination. But some workers may see that offer as an admission of sorts that the employer believes it needs to pre-emptively cut liability.

Document time of performance problems in case employee registers bogus complaints

11/06/2018
Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.