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Employment Law

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.

Retain all résumés to show your hiring process wasn’t tainted

09/10/2012

Want to prove that you hired the best applicant and selected the right individuals to interview? Keep all the résumés you received for the position. They may come in handy later if you are sued.

Ex-manager claims BoA based assignments on race

09/10/2012
A former manager of a Bank of America branch in New York is suing, claiming the bank has a discriminatory policy of placing black managers only in predominantly poor, black neighborhoods.

Worker must articulate ADA needs, alterations

09/10/2012
After you have implemented a reasonable accommodation for a disabled employee’s medical restrictions, it’s up to the employee to ask for any modifications that may be necessary.

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.

Maternity leave: How long must we hold job open?

09/07/2012

Q. How long do we have to hold a position for an em­­ployee on maternity leave if we employ fewer than 50 people? Our company policy says eight weeks, but what I have found ranges from six to eight weeks from birth. The FMLA says 12, but we do not seem to qualify for that due to our size. 

Unions try to revive NLRB poster requirement

09/05/2012
The National Labor Relations Board hasn’t given up on its bid to require U.S. employers to display a workplace poster that notifies workers of their rights to form or join a union.

Was firing retaliation? Lufkin faces bias lawsuit

09/04/2012
A former Lufkin Industries employee is suing the oil field equipment manufacturer, alleging he was fired for complaining about racial discrimination.

Donna’s former accountant, would-be city manager sues

09/04/2012
The city of Donna’s former accountant is suing the South Texas town, claiming she wasn’t chosen to become city manager because she is a non-Hispanic woman.

AT&T’s phone or its supervisor: Was either at fault?

09/04/2012
A former employee at AT&T’s Houston facility has filed a racial discrimination complaint against the telecommunications giant, claiming he was fired by a boss who was motivated by racial bias.