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Employment Law

Age discrimination claim may bar other claims

04/28/2011
The U.S. Supreme Court has ruled that to prove age discrimination, employees have to show that age was the sole reason for an adverse employment action. That usually means employees can’t claim that other types of discrimination were also in play.

Is employee really disabled? Use common sense

04/28/2011

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?

Can we request a note for all intermittent leaves?

04/28/2011
Q. We have an employee who was approved for intermittent FMLA leave. Can we request that she provide us with a note from her doctor each time she misses work? Or do we have to trust her when she says she had a “flare-up” and couldn’t work?

New ADA regulations = more cases to trial

04/27/2011

The EEOC recently issued long-awaited final regulations to the ADA Amendments Act, clarifying many of the confusing provisions contained in the 2009 law. The final regulations further expand the ADAAA’s goal of broadening the definition of “disabil­ity” under the ADA. As a result, a greater number of employees will be covered under federal disability law and be eligible to file ADA-related claims.

Can we rearrange worker’s hours to avoid OT?

04/26/2011
A new customer demands delivery on a weekend. A crush of work means shifts will have to keep running at unusual hours. Either way, you’re staring down the possibility that you’ll have to pay overtime. Can you legally avoid OT by altering workers’ regular schedules so no one works more than 40 hours in a workweek?

The key is consistency: Similar wrongdoings deserve similar discipline

04/26/2011

While employees who break rules usually expect to be punished, they also expect to be treated fairly. That’s why it’s important for man­agers and HR to strive for consistency in all discipline. Never punish one em­­ployee more harshly than someone else who committed the same infraction.

Jehovah’s Witness gets last ‘ho ho ho’ in Belk case

04/25/2011
The Belk department store chain has agreed to pay a former employee $55,000 to settle her religious discrimination suit. The employee, a practicing Jehovah’s Witness, was fired after she refused to wear a Santa hat during the store’s Christmas promotions.

Goodyear’s defense falls flat, inflates employee’s wallet

04/25/2011
A five-week trial in Cumberland County has ended in a win for a former manager at Goodyear Tire & Rubber Co.’s Fayetteville plant. The jury awarded the employee $450,000 in compensatory damages for retaliation and emotional distress.

Court orders exam: Did harassment cause PTSD?

04/25/2011
Good news for employers fighting claims of men­­tal harm: Courts have begun or­­dering mental exams when employees claim that a specific mental illness such as post-traumatic stress disorder was caused by harassment or bias. That may discourage claims.

Bad faith by EEOC? Ask court to make it pay

04/25/2011

Usually, the EEOC leaves liti­­gation to em­­ployees and their attorneys. But when the EEOC decides to take the lead, chances are it believes the case is worth fighting for—tooth and nail. When that happens, employers can ex­­pect to spend a bundle defending themselves. Fortunately, federal judges will level that playing field if they believe the EEOC didn’t play fair.