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Employment Law

IHOP owners flipped, harassment onus didn’t

10/12/2010
Flipmeastack, an Illinois franchisee for the International House of Pancakes restaurant chain, will have to implement sexual harassment training and pay out $105,000 following a federal judge’s decision. The decision upheld an earlier jury award to two teenage employees at the franchisee’s Racine, Wis., location.

Remember: You must consider chronic conditions when employees request FMLA leave

10/12/2010
Employers sometimes mistakenly focus only on the FMLA provision that defines a serious health condition as one that incapacitates an employee for three calendar days or more. Don’t focus solely on illnesses of three days’ duration. If the employee has a brief flare-up of an underlying condition that has been treated in the past, he may be eligible for FMLA leave.

Transferring an employee may be retaliation, but merely discussing a transfer isn’t

10/12/2010

Retaliation is anything that would dissuade a reasonable employee from complaining about discrimination in the first place. That’s not to say every little negative thing that happens following a discrimination complaint is retaliation. Take, for example, a transfer to another position or shift.

Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court

10/12/2010
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.

Don’t delay reasonable accommodations decision

10/12/2010

Employees who are disabled are entitled to reasonable accommodations. Employers and employees are supposed to talk about possible accommodations in what’s called the interactive accommodations process. An unreasonable delay in the process may amount to an ADA violation.

Make amends fast if mistake harms worker

10/12/2010

Supervisors accused of discrimination sometimes lose their tempers—and then proceed to say or do something stupid. When that happens, act fast to step in and make amends. That’s especially important if the affected employee has walked off the job. The key is to make the employee understand that he still has a job and should return to work.

What’s our ADA liability if an employee never informed us he needed accommodation?

10/12/2010
Q. An employee recently resigned from our company. In his resignation letter, he told us that he was disappointed that we were unable to accommodate his sleep apnea … However, he never told us until he resigned that he suffered from any medical condition, including sleep apnea. How are we supposed to accommodate a medical condition that we don’t know about?

What should we do when an employee provides conflicting FMLA certification notes?

10/12/2010
Q. An employee seeking FMLA leave presented medical certification from her doctor that stated that her medical condition didn’t prevent her from performing the essential functions of her job. A few days later, she presented a second form that stated the opposite. Can we hold her to the first certification, or do we have to accept the second form and grant FMLA leave?

Don’t rely on ‘equal-opportunity jerk’ defense

10/12/2010

Employers facing sexual harassment lawsuits against offensive, foul-mouthed managers sometimes trot out the “equal-opportunity harasser” defense. It basically says: We know our guy is rough, but he didn’t sexually harass women because he treats all his employees horribly. That’s a pretty flimsy nail to hang your defense on—and one that often doesn’t work.