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Employment Law

When employees are bilingual, it’s OK to require use of English in the workplace

05/31/2012

Employers can typically require em­­ployees to speak English when interacting with customers and clients, as long as the employer enforces the rule across the board. What you can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Back ‘gut’ decisions with objective criteria

05/30/2012

Most managers want to choose the best candidate for the job. But assessing what constitutes “best” can often feel a bit subjective. That’s OK. Just make sure you can point to some objective factor that backs up your choice.

EEOC’s new guidance on criminal background checks

05/30/2012
Earlier this year, the EEOC issued up­­dated guidance on how employers should use arrest and con­­viction records when making hiring decisions. If you use criminal background checks to screen applicants and employees, this affects you! Fact: Checks that were once routine are now under the gun.

Reporter fired for stripping files EEOC discrimination suit

05/30/2012
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.

‘Hispanic’ may indicate race or national origin

05/30/2012
When an employee or applicant wants to initiate a race or national-origin discrimination case, the first step is filing an EEOC complaint. The forms include boxes to check, designating the kind of bias alleged.

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.