• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

EEOC seeks to block book company’s severance releases

07/30/2013
North Carolina-based national book distributor Baker & Taylor faces challenges to language in the release it includes in all its severance packages. The EEOC claims the release violates Title VII of the Civil Rights Act by forcing employees to sign “broad, misleading and unenforceable” agreements to receive severance pay.

Lexington diner pays to settle harassment and retaliation suit

07/30/2013
The Silver Diner in Lexington will pay $25,000 to a former waitress to settle claims she was sexually har­­assed by one of the diner’s owners. She claimed when she complained to other owners, her hours were cut. Ulti­­mately, the owners tired of her complaints and terminated her.

Consistent equal treatment trumps most retaliation claims

07/30/2013
Make sure you evenly apply your leave policies to all employees.

Indefinite leave isn’t a reasonable accommodation

07/30/2013
Sometimes, ­­employers must grant more time off to disabled em­­ployees if their FMLA and other leave has expired. But they don’t have to if doctors can’t estimate a return-to-work date.

Cull interview lists to ensure you include the most-qualified candidates

07/30/2013
Before you begin talking to candidates, make sure everyone you selected for an interview opportunity is among the best qualified, and that you haven’t passed over anyone who is obviously as well-qualified as other applicants. That’s the best way to avoid a needless failure-to-hire suit.

Discovered shoddy work during FMLA leave? You’re within your rights to terminate

07/30/2013
Once in a while, it takes an em­­ployee’s long-term absence to discover that she hasn’t been doing her job very well. Remember, the FMLA doesn’t provide protection from discipline that the employee would have earned had she not taken leave.

Concord Chick-fil-A sued for half-baked hiring approach

07/30/2013
The EEOC is suing a Chick-fil-A res­­tau­­rant in Concord, alleging violations of the Pregnancy Discrimination Act that almost any savvy HR professional would have known to avoid.

ADA: Sometimes, no accommodation will work

07/30/2013
Some disabled applicants or employees will never be able to perform their jobs. However, you can only reach that conclusion after both sides engage in the interactive accommodations process. If no accommodation will let the person perform the job’s essential functions, you can terminate an employee or reject an applicant.

Don’t even try to argue slur wasn’t offensive

07/30/2013
Here’s a hint for defending your company in a discrimination case: Don’t even think about arguing that an obviously offensive ethnic slur is ambiguous or not offensive at all. It won’t get you very far with most judges.