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Employment Law

When a worker’s pace slows, can we ask if it’s health-related?

07/24/2015
Q. We have an experienced employee who is not working at an acceptable pace. We need to address his speed, but we’re concerned he may have medical issues. Can we ask him about his health? — Anonymous, Illinois

Hijab case dismissed after 7 years, Supreme Court ruling

07/23/2015
A federal appeals court on June 20 dismissed Abercrombie & Fitch’s appeal of an EEOC religious discrimination lawsuit that the Supreme Court addressed in June.

Are we legally required to stop bullying?

07/22/2015
Q. We have been hearing so much in the news about workplace bullying. In Minnesota, are employers legally obligated to prevent or stop mean behavior in the workplace?

Is co-worker resentment a reason to turn down ill worker’s telecommuting request?

07/22/2015
Q. One of our employees requested that we accommodate his health condition by allowing him to occasionally work from home. We are concerned that this arrangement will cause his colleagues to become disgruntled. May we deny the request for this reason? If not, what information may we share with the employee’s colleagues so that they are more understanding of the situation?

Medical marijuana will affect workplace policies and testing

07/22/2015
On July 1, 2015, medical cannabis became lawfully available under Minnesota’s Medical Marijuana Law (MML). The MML’s employment protections are more extensive than those offered in any other state legalizing medical marijuana use. Legal compliance will be challenging, making it important for employers to know what constitutes protected use and to understand the MML’s effect on testing programs and substance abuse rules.

Finance firm faces EEOC suit alleging transgender bias

07/22/2015
The EEOC has sued Shoreview-based Deluxe Financial Services Corp. for sex discrimination because of the way it treated a transgender employee. According to the complaint, an employee at a company office in Arizona performed her job satisfactorily for many years, but was insulted and criticized once she began presenting as a woman.

Here’s another reason to prevent off-the-clock work

07/22/2015
If you don’t act to prevent off-the-clock work, you could wind up having to defend against multiple lawsuits. That’s because, even if a nationwide class action suit isn’t certified, employees who weren’t involved in an initial lawsuit can sue on their own.

Use it or lose it! You must enforce your call-off policy

07/22/2015

Employers have the right to set reasonable call-off requirements for when an employee will miss a shift or arrive late. Employees can be required to follow those rules. If someone doesn’t, you can discipline him—even if you approved FMLA leave for the absence. But beware: If you don’t consistently enforce the call-off rule, you may be on the losing end of an FMLA lawsuit.

Capacity, not actual pregnancy, is heart of PDA

07/22/2015
A federal appeals court has overturned a case that had been dismissed because an employee couldn’t prove that her employer knew she was pregnant. The court clarified that the capacity to become pregnant is at the heart of the Pregnancy Discrimination Act.

EEOC: Bias based on sexual orientation is illegal

07/21/2015
The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.