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Employment Law

Premarital sex or pregnancy discrimination? One’s protected while the other is not

06/11/2012
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.

Didn’t know employee wanted training? Be sure to extend invitation next time

06/11/2012
Failing to offer some employees the opportunity to participate in training can mean a possible lawsuit. But that’s only true if the employee who missed out on the training opportunity let it be known that he was interested.

Beware national-origin bias charges following criticism of accent

06/11/2012
Do you have employees who were born and raised in other countries and who therefore speak English with heavy, foreign-sounding accents? If so, be careful how you approach any discussion about their speech. If supervisors or managers criticize workers’ accents, a national-origin discrimination lawsuit may be in your company’s future.

More Floridians filed EEOC complaints last year

06/11/2012
Floridians filed 307 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The greatest number of Florida complaints—3,231 in all—alleged retaliation.

Don’t count FMLA against attendance record

06/11/2012
Employers that count FMLA-covered absences against employees are interfering with their FMLA rights. Before you make a final termination decision based on poor attendance, make absolutely sure that you have excluded all possible FMLA leave.

Beat bias charges by documenting specific reasons for the discipline you choose

06/11/2012

All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.

Mental health coverage: DOL clarifies parity law

06/11/2012
Do the mental health and substance abuse benefits offered through your group health plan comply with the federal Mental Health Parity and Addiction Equity Act of 2008? The DOL last month issued a set of frequently asked questions that help clarify employers’ duties under the law.

How to stop harassment suits before they start

06/10/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you don’t tolerate retaliation, and be sure to check back at least once following the investigation.

New scrutiny may change the way employers access social media

06/08/2012
Before you plunge into cyberspace in search of information on applicants (or current employees), understand the legal implications. Employers’ efforts to access employees’ and applicants’ private social media websites have re­­cently been subject to increased scrutiny by New York and federal legislators.

New Yorkers’ EEOC claims fell–just slightly–in 2011

06/08/2012
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.