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Louisiana

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

Zip it! Keep all investigations confidential

07/17/2013
Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

Court: True volunteers aren’t covered by Title VII

06/26/2013
Except under very limited circumstances, volunteers aren’t considered employees under Title VII. That means they can’t sue for things like sexual harassment.

Even innocent age-related comments can trigger a bias lawsuit

06/26/2013
Here’s something to add to your regular training sessions for managers and supervisors. Warn them against making age-related comments. These can backfire, even if they aren’t intended to be ageist or demeaning to anyone.

Court rules firing based on lactation is sex discrimination under Title VII, PDA

06/26/2013
The EEOC has won a major case in its ongoing efforts to help lactating women who want to return to work. The 5th Circuit has accepted the commission’s interpretation that firing a woman who needs a place to express milk at work is both sex discrimination under Title VII and violates the Pregnancy Discrimination Act (PDA) because lactation is related to pregnancy.

With promotions on the line, beware rivalries that could result in sex bias, harassment

06/03/2013
Here’s a twist in discrimination law that you might never consider. If a co-worker rivalry for an open position includes threats by one worker to quit if the other is promoted and the rivalry is based on sex bias, you may face a lawsuit if you accede to the threat. That’s what happened in one recent case that made its way to the 5th Circuit Court of Appeals.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.

It’s up to employee to connect dots between alleged bias, protected status

03/07/2013
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.

Ensure FMLA status won’t affect firing decision

03/07/2013
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.