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Employment Law

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims. Some of those claims actually succeed.

Good cause to act? Don’t wait to terminate

06/01/2011
Sometimes, it’s smart to pull the termination trigger sooner rather than later. Waiting just gives the employee a chance to dig in—and plan a lawsuit.

Tarheel Medical Transport faces PDA suit over forced leave

06/01/2011

The EEOC is suing Tarheel Medical Transport, alleging the Wilson County company forced pregnant employees to take leaves of absences until after their children were born. The lawsuit claims the policy violates the federal Pregnancy Dis­crimi­nation Act.

Bill would require unemployed to volunteer five hours a week

06/01/2011

A bill sponsored by state Sen. Warren Daniel would require North Caro­­linians who have been on unemployment for more than eight weeks to volunteer five hours a week in order to continue receiving benefits. The volunteer commitment would rise to 10 hours per week for those on the unemployment rolls for more than a year.

Dillard’s must take $50,000 from till to pay for age bias

06/01/2011
Managers at the Dillard’s department store in Cary have learned the hard way that forcing out older workers simply because of their age doesn’t pay.

In Randleman, gender and disability bias cost big bucks

06/01/2011
Ohio-based Timken Co. will pay $120,000 to settle a gender and disability complaint from a woman who worked at the company’s ball bearing plant in Randleman.

Implement clear process for requesting promotion

06/01/2011

Employees who don’t apply for a job or promotion generally can’t sue over the lost opportunity. But if promotions are never announced and there’s no process to apply, employees and applicants can sue. That’s why it is crucial to have some sort of application process in place that allows you to track applications and prove who applied—and by default, who did not.

When reorganizing, focus on essential company goals

06/01/2011
At some point, every employer will have to reorganize to cut costs or im­­prove effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.

Disabled employee wants open position? That may be a reasonable accommodation

06/01/2011
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.

Think co-worker religious bias wasn’t serious? Don’t bet on courts taking such a casual view

06/01/2011
Earlier this year, we told you about a North Carolina religious har­ass­ment case that was dismissed because the judge felt the alleged har­assment wasn’t serious enough to warrant a lawsuit. The EEOC asked the court to re­consider its decision and it did, order­ing the lawsuit reinstated.