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Louisiana

Vague or nonexistent harassment policy? In same-sex cases, prepare to pay

10/31/2013
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.

Good faith is good enough for discipline

10/10/2013
When you are investigating em­­ployee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.

Interview performance can be the hiring tiebreaker

10/02/2013
When several qualified candidates are in the running for a job, you can use interview performance as the deciding factor. Just make sure interviewers note their specific reasons why one applicant seemed better than the others.

Be alert for hidden–or overt–bias when hiring manager rejects qualified candidate

10/02/2013
Do some of your supervisors gripe about having to follow anti-discrimination laws? Rein them in. Otherwise, you’ll wind up in court if a job candidate gets rejected for obviously illegal reasons.

Even if not job-related, consider granting easy disability accommodations

10/02/2013
Some accommodations requests aren’t directly related to the disabled employee’s job functions. Take, for example, simple accommodations like changing arrival and departure times so a disabled employee can take a specific bus or providing a reserved parking spot next to the entrance. Those accommodations fall within the scope of the ADA.

Don’t let EEOC complaint derail planned firing

10/02/2013
Employees sometimes believe they can stop a pending termination merely by filing an EEOC complaint. The implied threat: That they’ll sue for retaliation if they do, in fact, get fired. That won’t work if the employer can show it would have fired the employee anyway.

Is ‘doesn’t play well with others’ a disability?

10/02/2013
Some employees are completely unable to get along with others. Sometimes, psychological problems may be at the heart of the trouble and the employee may claim she has a disability that must be reasonably accommodated. Employers don’t have to create jobs as an accommodation, making the only possible option termination.

Overwork, rudeness don’t create hostile environment

08/26/2013
Workers who are more sensitive than others can’t sue, alleging a hostile work environment, unless conditions are truly terrible. They simply have to tolerate the occasional un­­kind comment and other ordinary workplace annoyances.

Email claiming ‘mistreatment’ not protected activity

08/26/2013
Employees who complain about discrimination are protected from retaliation. But their complaints have to be specific, at least mentioning why they suspect discrimination. Other­­wise, they aren’t engaged in protected activity and can’t allege retaliation.

OK to broach retirement option before layoff

08/26/2013
Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.