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Employment Law

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.

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015
When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Make sure harassment reporting process isn’t stacked against those who complain

04/01/2015

Employers with a robust anti-harassment policy can sometimes escape liability if employees unreasonably fail to take advantage of the policy to report alleged harassment. The idea is that employers should have a chance to fix the problem. But if your process is somehow stacked against alleged victims, don’t expect a court to let you off the hook.

Think long and hard before firing harassment victim for fighting back

04/01/2015
Sometimes, an employee may feel as if she has no viable option except to fight back against a bully or harasser. That puts you, as the employer, in a difficult spot. Do you launch a full-scale investigation, try to sort out which employee is telling the truth and then fire the one you believe most culpable? If that’s the employee who physically struck the other, you may be making the wrong choice.