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Employment Law

If FMLA leave has expired, when must we grant additional time off?

12/19/2011
Q. We have an employee who has exhausted his FMLA leave, but wants additional time off. Do we have to grant his request?

FMLA cases can hang on suspicious timing, internal documents

12/19/2011
In Shaffer v. American Medical Association, the 7th Circuit Court of Appeals reminded employers they cannot base a termination decision on an employee’s decision to take FMLA leave.  Here are some of the lessons the case can teach employers.

Asian food vendor in hot water over hiring practices

12/19/2011
The Nishimoto Trading Co., which sells Asian foods to various Depart­­ment of Defense facilities, has agreed to pay $400,000 in back wages to women who alleged the company illegally refused to hire them. Nishi­moto operates a facility in Chicago.

Berkeley schools settle religious pilgrim’s bias suit

12/19/2011
Berkeley School District 87 in Chi­­cago’s western suburbs has settled a controversial religious discrimination complaint filed by a Muslim teacher who sought unpaid leave to make a pilgrimage to Saudi Arabia.

Have manager who hired also do the firing

12/19/2011
The same individual who hired an employee should also fire that em­­­ployee if necessary. Courts typically reason that no prejudiced person would hire someone and then later fire him because of discrimination, having known all along about the employee’s protected characteristics.

Equal opportunity for women trumps even outrageous reaction to resignation

12/19/2011
A boss’s secret preju­dice won’t support an employee’s sex-bias lawsuit if the employer provides equal opportunities to both men and women. That’s true even if the sexist boss reacts outrageously when the subordinate quits.

Is every function really essential? Be flexible about disabled employees’ duties

12/19/2011
An employer has learned the hard way that insisting every function of a job is essential is a bad policy when it comes to employees with disabilities.

Team up for termination meetings; going solo could trigger lawsuit

12/19/2011
When terminating an employee, never meet one-on-one. Instead, make sure at least two company representatives are present at all times. The reason? If you meet alone, you give the employee an opportunity to put words in your mouth—words that may end up as evidence against you in court.

Drug test leads to disability bias suit against Chicago firm

12/19/2011
Employers know to be wary of drug tests because they sometimes falsely show that someone has been using illegal drugs. Now Chicago-based United Insurance has learned of another danger: Drug tests can t­rigger disability discrimination lawsuits.

Defend against hidden bias: Follow policies

12/19/2011
HR can and should serve as a check on overzealous supervisors who want to mete out discipline to those they don’t like while ignoring problems with those they favor. Insist that no final termination or disciplinary actions go through without clear documentation that supervisors followed all the rules.