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Employment Law

Jewish home fires Seventh Day Adventist for observing Sabbath

08/08/2011
File this one under “Hard to believe, but true.” A Boca Raton nursing home called Menorah House has fired a certified nursing assistant because she insisted on observing her religion’s Sabbath. She filed a complaint with the EEOC claiming she had been fired in violation of Title VII of the Civil Rights Act.

EEOC’s bias decision doesn’t bind federal court

08/08/2011
It’s not the end of the world if you receive an EEOC decision that says your organization discriminated against an employee. The decision isn’t binding and courts often don’t grant much weight to such a determination.

Minor job changes don’t make transfer adverse action

08/08/2011
Employees who claim they were trans­­ferred as punishment for complaining won’t get far if they sue. That’s because courts recognize an employers’ right to manage its work force, and that minor changes in job duties aren’t enough to justify a lawsuit.

Legitimate business reasons for decision? Feel free to fire employee who has complained

08/08/2011

Here’s a situation that many HR professionals dread: An employee complains about discrimination and you fix the problem. Then there are workplace changes and it looks as if the employee will lose her job. Should you worry about retaliation? Not so much that you start treating the employee with kid gloves.

Tell supervisors: It’s OK to criticize–even if employee has filed EEOC complaint

08/08/2011

Some employees think filing an EEOC complaint insulates them from any kind of negative action at work. They’re wrong. Employers are free to treat an employee who has complained just as they would any other employee. You can continue to invoke your usual management practices, including pointing out errors and criticizing work if the facts warrant it.

Are your employees equal-opportunity offenders? Be sure your discipline is just as colorblind

08/08/2011
Employers must make sure they hand out similar punishment for similar misconduct, regardless of the race of the employee—or any publicity that might surround the case.

Beware! Single age comment might mean lawsuit

08/08/2011
Prevention is usually better than the cure, especially when litigation is concerned. Having to defend a lawsuit is expensive and disruptive, even if a judge tosses it out fairly quickly.

Work environment: There’s ugly and then there’s biased

08/08/2011
Some employees think employers must make sure nothing unpleasant happens at work. By cloaking workplace annoyances in the mantle of sex, age, race or some other form of discrimination, the employee may believe he has grounds for a lawsuit. But if you investigate the complaint and find no evidence of a hostile work environment, you don’t have to do anything.

Troy factory faces citations, fines following accident

08/08/2011

West Troy Tool & Machine must respond to OSHA charges or pay $250,000 in fines, following a May workplace accident where a worker suffered crushing injuries. OSHA issued a citation for 11 serious safety violations at the plant.

No federal case if first suit is in Ohio Court of Claims

08/08/2011

If a government employee first files a claim with the Ohio Court of Claims, that bars related federal claims against a state agency’s individual supervisors. That may mean those supervisors will avoid individual liability for FMLA, FLSA and civil rights violations.