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Employment Law

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

New EEOC task force aims to help small businesses

01/12/2012
The EEOC has established a small business task force to improve its outreach to small businesses that may not have access to expert legal advice or a staff of experienced HR professionals. The goal: Ensure small-business owners know how to comply with federal anti-discrimination laws.

Miami ADA case could lead to Supreme Court hearing

01/12/2012
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.

Strict attendance policy is fine if followed consistently

01/12/2012

Some jobs require employees to always show up on time. Nursing homes, day care centers, hospitals and the like are obvious examples. Draconian attendance policies may be necessary to ensure coverage. As long as they allow for FMLA leave and consider reasonable accommodations for disabled workers, such rules are fine.

Reassignment to new position might be retaliation

01/12/2012
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.

Employees lose claim they were targeted for discomfort due to age

01/12/2012
Employers that make it difficult for employees to take breaks or keep a regular schedule may face resistance—and legal claims from disabled workers who need accommodations. But they don’t have to worry about lawsuits from older workers who claim the lack of breaks is age discrimination.

Warn bosses: Keep concerns to yourself if employee’s pregnancy doesn’t fit project schedule

01/12/2012

In tough times like these, employees are being asked to do more with less. Temporarily losing a worker to pregnancy, childbirth and maternity leave can create scheduling havoc. That doesn’t mean, however, that supervisors can let their irritation show.

Have minimum promotion standards? Use them–or risk discrimination lawsuit

01/12/2012

Before you authorize hiring or promoting a candidate who doesn’t meet the minimum requirements for the position, consider the potential for litigation. The fact is, if an employee or applicant who does meet the requirements belongs to a different protected class than the worker who got the job, you could wind up facing a lawsuit.

Older worker pay maxed out? That’s not bias

01/12/2012
If your company has a top pay level for each job classification, you probably end up giving some older workers smaller raises than less-tenured employees. That’s fine as long as you can explain that the difference is because of your wage schedules, not age discrimination.

20 years is too late to file harassment suit

01/12/2012
Here’s some good news for employers that work hard to prevent sexual harassment. Employees who wait decades to report harassment won’t get far if their employer had an effective harassment policy and enforced it.