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Employment Law

Rid bulletin board of offensive materials ASAP

03/09/2015
Do you check bulletin boards and other areas regularly, looking for potentially offense materials? If not, make it a routine practice. Otherwise, you could wind up facing a hostile work environment lawsuit.

Watch out, boss! You can be sued separately

03/09/2015
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against her employer—and her supervisor!

Racial harassment charges reach all-time high

03/09/2015
Employees filed 8,826 charges of racial harassment with the EEOC in fiscal year 2014, the most ever. In 10 years, racial harassment charges have increased by 58%.

Remind bosses: Don’t comment or ask details about employee doctor visits

03/09/2015
Warn supervisors that they should avoid making derisive comments when employees take time off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.

When are a couple of butt slaps not harassment?

03/09/2015
A female nursing home worker slapped a male co-worker twice on the rear end. He complained to HR and the female employee was disciplined. A few days later, the male worker was fired when he didn’t show up for his shift. He sued, claiming he’d been sexually harassed.

EEOC, DOJ team up on public-sector bias

03/06/2015
The EEOC and the U.S. Department of Justice Civil Rights Division have signed a new memorandum of understanding firming up the agencies’ enforcement cooperation on discrimination, harassment and retaliation complaints involving local, state and federal government employees.

Worker’s crazy email likely won’t cost you in court

03/06/2015
Not every complaint amounts to “protected activity” that shields an employee from retaliation.

Invoke FMLA when employee can’t perform essential functions of the job

03/05/2015

Sometimes a pregnant employee develops problems that amount to a temporary disability. But to be protected under the ADA, an employee with disabilities must be able “to perform the essential functions of the job, with or without reasonable accommodation.” If she can’t perform the essential functions, you can place her on FMLA leave.

Trying to drive out employee can backfire

03/05/2015
Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Require health clearance before FMLA return

03/05/2015
When one of your employees takes FMLA leave, you may require a fitness-for-duty exam showing she is fully able to perform her job before you allow her to return. As long as you require everyone who takes FMLA leave to undergo such exams, the rules authorize you to discharge workers who can’t or don’t provide certification before their return.