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Employment Law

After workers’ comp claim, make sure supervisors don’t step up scrutiny

01/14/2011

Employees who file workers’ compensation claims are protected from retaliation—essentially any change in working conditions that would lead a reasonable employee to rethink her decision to seek benefits. That can include sudden scrutiny of the employee’s work. That’s why HR should look carefully at any increased discipline against those who file workers’ comp claims.

When employee claims co-worker harassment, investigate promptly, act reasonably

01/14/2011
If you respond quickly to sexual harassment complaints involving co-workers, you’ll seldom have to worry about coming out on the losing end of a sexual harassment lawsuit. As long as you respond reasonably, courts will defer to your best judgment—especially if the problem seems to have been resolved.

Does GINA apply if a supervisor accidentally learns about an employee’s genetic information?

01/14/2011
Q. If one of our managers overhears an employee discussing his genetic information, is our company liable under GINA?

Who’s covered by GINA, the ‘genetic information’ law?

01/14/2011
Q. Which employers are required to comply with the Genetic Information Nondiscrimination Act of 2008 (GINA), and who does GINA protect?

What are some strategies to stop employees from abusing intermittent FMLA leave?

01/14/2011
Q. What can an employer do to make sure employees are not abusing intermittent FMLA leave?

Employers don’t have unlimited right to dig for psychiatric records

01/14/2011

When an employee sues you and you know or suspect he may be mentally unstable, it’s tempting to dig for mental health records—perhaps to question his credibility. But if the employee isn’t claiming mental damages, don’t count on even accessing those records.

New law limits employer use of credit reports

01/14/2011
Effective Jan. 1, Illinois employers must comply with the Illinois Employee Credit Privacy Act, which severely restricts the use of an applicant or employee’s credit history in hiring, firing or promotions. Covered employers may not use credit reports or credit information from sources other than credit reporting agencies when evaluating employees or applicants.

OSHA drains sewer contractor’s pockets

01/14/2011
Gerardi Sewer & Water Co. will have $360,000 less in liquid assets after OSHA cited the firm for eight willful violations. According to an OSHA statement, the company president and a foreman were present at work sites where dangerous conditions existed and still failed to safeguard workers.

Bulletin board check: Is FMLA poster up-to-date?

01/14/2011
Is the FMLA poster in your break room up-to-date? If it’s not, courts could wonder if you’re serious about upholding employees’ right to take FMLA leave, as the following case shows.

Try your best, but don’t worry that honest mistakes will cost you a lawsuit

01/14/2011

Courts don’t want to be surrogate HR directors. That’s why they don’t insist that employers do everything exactly right. Courts understand that employers can and do make mistakes. As long as those mistakes aren’t excuses to cover up illegal discrimination, they won’t be the basis for a successful lawsuit.