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Employment Law

What doesn’t count as reverse discrimination

04/06/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.

Shouting match over name-calling: That’s not protected activity

04/06/2015
Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?

Warn managers and supervisors: Never suggest that employees’ kids get in the way of work

04/06/2015

One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination. At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.

Men can win sexual harassment lawsuits, too

04/06/2015
Don’t think that it’s only women who manage to win sexual harassment and hostile environment claims. As this recent case shows, men harassed by their supervisors can also convince a jury that they deserve payment for being harassed.

Always directly inform worker of his FMLA rights

04/03/2015
You risk a lawsuit if you don’t advise employees of their FMLA rights. Employees are entitled to individual notice so they can make informed decisions about when to return to work.

Court halts new FMLA same-sex marriage rule

04/02/2015
A federal district court in Texas has issued an injunction preventing—at least temporarily—the U.S. Department of Labor from implementing a final rule granting FMLA rights to legally married same-sex spouses.

You, not worker, choose ADA accommodation

04/02/2015
The ADA calls for an interactive conversation involving both parties to identify possible accommodations, but ultimately, it’s the employer’s call. For example, it’s perfectly legal to transfer an employee to another position, even if the employee isn’t happy with the move.

Discipline for attendance during FMLA leave?

04/01/2015
Q. Before we could counsel an employee about ongoing attendance problems, she was approved for intermittent FMLA to care for her mother. However, she continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA?

‘Fissured workplace’ is focus of DOL misclassification initiative

04/01/2015
Business models that lean heavily on independent contractors are tempting a DOL investigation. Might you be in a targeted industry?

Probationary status doesn’t bar ADA accommodation

04/01/2015
New Castle-based pipe fitting manufacturer EZEFLOW USA has agreed to pay $65,000 to settle a disability discrimination suit filed by a former marine who had requested six weeks of unpaid leave to treat seizures resulting from his service in Iraq and Afghanistan.