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Employment Law

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Document your good-faith efforts to implement ADA accommodations process

06/18/2012

The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible. Be sure to note the employee’s actions, too.

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012
Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

More Minnesotans filed EEOC complaints last year

06/18/2012
Minnesotans filed 46 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The 1,204 complaints represented 1.2% of all EEOC charges filed in 2011.

‘Innocent’ touching can still be sex harassment

06/18/2012
For some supervisors, being a good boss is literally a hands-on job. They’re constantly patting workers on the back or wrapping them up in an innocent hug. But watch out if they’re “touchier” with female subordinates.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.