• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

She’s not our employee! Are we liable for subcontractor harassment?

04/15/2011
Q. We recently received a complaint of harassment from an employee of one of the contractors we hire to do some work around our facility. I know, of course, all about our duty to prevent and stop sexual and other kinds of harassment of our own employees. But we don’t have a duty to do the same for the employees of another company, do we?

Beware state law that could cost you millions

04/15/2011
If you need additional incentives to stop sexual harassment in the workplace, how’s this for a motivator: A court has ruled that employees who endure gender-related violence can now sue their employers for damages under the Illinois Gender Violence Act.

Audit all discipline to ensure fairness, equity

04/15/2011

You never know where the next lawsuit will come from. That’s powerful incentive to make sure you treat all employees fairly. A simple self-audit of discipline can prevent many lawsuits.

Remind employees: They must continue to pay health insurance premiums while on FMLA

04/15/2011
Employees out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues.

How not to handle FMLA leave: Bank learns the hard way that following the law isn’t optional

04/15/2011

Some employers believe that pregnant women aren’t entitled to time off for pregnancy-related matters because pregnant women aren’t disabled or unable to perform their jobs. That’s wrong and can land employers in big trouble. The fact is that prenatal visits and even bouts of nausea are the sorts of things that Congress considered when covering pregnancy under the FMLA.

Don’t fear lawsuit after mere lateral transfer

04/15/2011
You have lots of latitude to decide the shifts and locations to which employees are assigned. As long as there are no obvious flags (like only assigning members of a particular protected class to the night shift), courts likely won’t interfere with your management decisions.

Ocala firm pays for tolerating same-sex harassment

04/15/2011
Prestige Home Centers, a mobile-home manufacturer based in Ocala, has agreed to pay $79,000 to several male employees who claimed a male supervisor at the company’s Lake City facility verbally harassed, groped and propositioned them.

When harassment escalates despite warnings and second chances, it’s time to terminate

04/15/2011

If a claim of sexual harassment comes down to nothing more than one employee’s word against another’s, it can be difficult to decide to fire the alleged harasser. It can be even harder if you know the accused harasser is involved in litigation against the company.

Worker sends complaint to HR? You must respond

04/15/2011
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.