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Employment Law

Poor review isn’t infliction of emotional distress

03/09/2016
Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Language doesn’t create protected class

03/09/2016
An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.

If disability accommodation is easy to grant–like early lunch–go ahead and grant it

03/09/2016
Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.

Not ready for work after FMLA expires? Consider more leave as ADA accommodation

03/09/2016
Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.

FMLA retaliation requires ‘but for’ proof

03/09/2016
Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

Atheist entitled to ‘religious’ accommodation

03/09/2016
Employers have to reasonably accommodate their employees’ religious beliefs and practices. But what if the worker happens to be an atheist?

DOL initiating more FMLA enforcement

03/07/2016
You don’t have to be sued to lose an FMLA case.

Designing a Progressive Discipline Policy

03/07/2016
White Paper published by The HR Specialist ______________________ The most reliable way to protect your organization from wrongful termination charges is to establish and enforce a system of progressive discipline. Having such a structure in place, and making it clear to all supervisors that they are expected to abide by it, is your best defense […]

Getting to know GINA

03/04/2016
The Genetic Information Nondiscrimination Act of 2008 was founded on the concern that advancements in the field of genetics could lead to the misuse of genetic information to discriminate against people in employment and health insurance.

EEOC files first Title VII gay-bias lawsuits

03/04/2016
The EEOC has filed its first two lawsuits against private-sector employers based on the contention that bias against gay people is a form of sex discrimination.