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Employment Law

7th Circuit: Under ADA, disabled don’t automatically get vacant job

05/16/2012
Back in 2000, the 7th Circuit held that employers are not required to reassign disabled employees to a vacant position for which they are qualified. Although the EEOC recently challenged this position in EEOC v. United Airlines, Inc., the 7th Circuit held its ground, reaffirming its previous decision.

EEOC wins right to talk to former managers

05/16/2012
A court has ruled that the EEOC may speak with former employees without the em­­ployer’s representative present. That gives employers less control over statements by former employees who were privy to company decisions.

Employer conceals facts? Workers have more time to sue

05/16/2012
Employees typically have just 300 days from the date an alleged discrimination occurred to file an EEOC ADA-related complaint. But the calendar grows longer if the employer conceals important facts.

You can discharge during FMLA leave–under the right circumstances

05/16/2012
An employer that can show it would have terminated an employee for lack of work or another business reason can do so during FMLA leave. However, it must be able to offer clear, documented proof showing the move wasn’t related to the leave.

The innocent question that could land you in court: When did you graduate?

05/16/2012

Do you ask applicants when they graduated from high school or college or otherwise finished their education? That seemingly innocuous question could trigger an age discrimination lawsuit if an applicant’s graduation year makes it clear he’s 40 or older and you wound up hiring someone younger.

Don’t get burned by ‘cat’s paw’ liability: When employee complains, beware boss retaliation

05/16/2012
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?

EEOC pushes forward on Hispanic-bias cases

05/16/2012

When the EEOC declared it was starting an enforcement effort aimed at protecting Hispanic ­workers from harassment and discrimination, smart employers promptly looked at their organizations and corrected any problems. Those that didn’t are now paying the price.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Might we be covered by Minnesota’s OT rules?

05/10/2012
Q. We are a small employer and only have operations in Minnesota. I recently learned that Minnesota does not require overtime pay until after an employee has worked 48 hours in a workweek. Do we have to pay overtime after 40 hours or can we have employees work an extra eight hours before they are entitled to overtime?