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Employment Law

If reorg cuts jobs, check for inadvertent bias

11/01/2010

Is your organization planning big changes that could result in layoffs? You may have no choice. But a poorly planned and implemented layoff can cost more than it saves if it invites lawsuits. That’s why it’s important to check for potential race bias or other discrimination before making final decisions.

Tell bosses: Never urge workers to retire

11/01/2010
If an older employee has to be terminated, the fact that a boss had hinted that the worker should retire will make it easier to persuade a court that age was the real motivating reason for the discharge.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

West Palm Beach labor dispute becomes election issue

11/01/2010
An ongoing dispute between West Palm Beach’s Kravis Center for the Performing Arts and trade unions became an election issue this fall, forcing candidates to cancel political events they had scheduled there rather than cross picket lines.

Tollway EEO officer claims punishment after complaints

11/01/2010
An Equal Employment Opportunity officer with the Illinois Tollway has sued the agency, claiming she was suspended in retaliation for two reports she wrote alleging contracting improprieties by its former chief procurement officer.

Rejected Sikh seeks damages

10/29/2010
Tri-County Lexus of Totowa faces religious discrimination charges after it refused to hire a Sikh applicant because he refused to shave his beard.

Roselle employee’s lawsuits double-down against borough

10/29/2010
A former public works department employee has filed sex discrimination charges against the borough of Roselle—and now she’s added a breach-of-contract lawsuit that offers lessons for HR professionals.

Warn managers about dangers of commenting on worker’s age

10/29/2010

Managers and supervisors sometimes do stupid things—such as making statements older workers may interpret as ageist. But ill-chosen words don’t guarantee a successful age discrimination lawsuit. That’s especially true if the comments were made many months before the employee was terminated or otherwise suffered alleged discrimination.

Tell worker when interactive accommodations process ends

10/29/2010

Employees don’t have much time to file ADA or NJLAD disability discrimination claims with the appropriate agency. For failure-to-accommodate claims, the clock starts ticking when the employer ends the interactive reasonable accommodations process. That’s why employers must nail down that date and tell the employee.

3rd Circuit: Ledbetter Fair Pay Act doesn’t apply to failure-to-promote cases

10/29/2010
Here’s a bit of good news for employers worried about lawsuits that may crop up years after a faulty employment decision was made. The 3rd Circuit Court of Appeals has refused to expand the impact of the Lilly Ledbetter Fair Pay Act, which says that each paycheck that is lower than it should be because of a past discriminatory act can be the basis of a new lawsuit.