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Employment Law

Warn bosses: You could be liable for harassment

11/05/2014

Ordinarily, if a subordinate sues for alleged sexual harassment under Title VII, there is no personal liability for that supervisor. However, if the employer is a public agency or governmental unit, the rules change.

The space between: How applicants age themselves

11/05/2014
Do you type two spaces after a period? If so, your résumé may be destined for the wastebasket. According to career counselor Marc Miller, adding that extra space is a résumé mistake that brands an applicant as Too Old.

Is ‘safety concern’ a legal reason not to hire a woman?

11/05/2014
When a Virginia supermarket manager rejected a woman for a van driver position, he pointed to safety as the reason—female drivers are more vulnerable to assaults.

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Is it OK to substitute paid leave for FMLA leave?

11/03/2014
Q. May an employee substitute paid leave for unpaid FMLA leave?

How far do we have to go to provide work when an employee returns from FMLA leave?

11/03/2014
Q. I am the owner of a security services company. One of my rank-and-file employees is currently on leave from work under the FMLA. Due to an economic downturn, I have been forced to reduce the number of shifts available to my employees. If there is no longer a shift available for this employee when he returns from FMLA leave, am I be required to find or create a shift for him?

EEOC: BNSF violated ADA

11/03/2014
Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer

11/03/2014
Some disabled employees seem to think that the accommodation they prefer must be the one they get as long as it meets the definition of “reasonable.” They’re wrong.

Consider job restructuring as disability accommodation

11/03/2014
These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.

Shoot for dismissal if employee’s harassment case is based on only one comment

11/03/2014
Courts don’t want to spend all their time mediating minor workplace disputes. Judges aren’t HR professionals and don’t want to run your business. Keep that in mind the next time an employee files a lawsuit based on one or two allegedly hostile incidents. Chances are, the case will be dismissed.