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Employment Law

Ensure past FMLA leave doesn’t affect decision to rehire rebound applicant

06/16/2014
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.

Prepare to show you were fair if disabled workers take a hit during RIF

06/16/2014
Sometimes, poor appearances lead to lawsuits. That can certainly be the case when a reduction in force (RIF) seems to disproportionately affect a protected class of workers.

When accommodating pregnant employee, make sure measures truly relate to pregnancy

06/16/2014

Under the ADA and state discrimination law, pregnant women may be entitled to accommodations at work. For example, if a pregnancy involves medical complications, an employee may be entitled to a reduced schedule, shift changes or temporary assignments to accommodate lifting restrictions. However, requests for changes that are only tangentially related to a pregnancy don’t have to be honored.

Good past performance doesn’t rule out firing

06/16/2014

Sometimes, employees can only imagine that discrimination or retaliation is to blame for their sudden unemployment. If you had a good reason to terminate such an employee, don’t worry. The circumstances immediately preceding the discharge decision are what matter.

Let other leave fill gap until FMLA eligibility

06/16/2014
Employers can’t fire an employee who is about to reach the thres­­hold for FMLA eligibility if the em­­­­­­ployee has other accrued leave available to bridge her to FMLA eligibility.

Changing job assignment soon after hire? That may be deemed a demotion

06/16/2014
Here’s a cautionary tale about changing a new employee’s job duties soon after hire. He or she may claim the real reason is discrimination if the change happened soon after a new boss discovered the employee belonged to a protected class.

Take that! EEOC says you may have to let workers steal

06/16/2014

We all understand that granting reasonable accommodations to disabled workers (as required under the ADA) may include providing employees with a new chair or granting more flexible break periods. But a new case last month says employers may have to allow a worker to steal their merchandise as a reasonable accommodation. Really?

Can employee reveal names of his co-workers?

06/13/2014
Q. Can an employee let others know that a certain person works at his office? Or are there some hidden privacy issues involved?

State laws on same-sex marriages, civil unions and domestic partnerships

06/12/2014
State bans on same-sex marriage continue to be challenged in court. Here’s a chart to help you make sense of where states currently stand in this fast-changing area of the law.

Suspect an employee is being harassed? Ask if she wants an investigation

06/11/2014
Some employees may be embarrassed when they experience sex­­ual harassment. They may feel too uncomfortable to come right out and repeat offensive comments they heard. What should HR do?