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Louisiana

Is it a slur, or a misinterpretation?

07/31/2012
No one tolerates the usual racial and ethnic slurs. But what about novel phrases that aren’t in the common lexicon? Can those be the basis for a racially hostile work environment claim?

Clarify internal rules for handling FMLA requests

07/31/2012
Make sure that whoever in your organization handles FMLA and other leave knows to contact HR as soon as a leave request comes in. Then make sure you send out the appropriate FMLA paperwork along with any other required documents.

When employee complains of harassment, act fast to fix it

07/03/2012
Resolve every sexual harassment complaint ASAP. That way, it won’t come back to haunt you.

Employees’ job qualifications changing? Document notice and offer additional training

07/03/2012

Jobs change, sometimes for reasons of operational efficiency. Other times, new job requirements are mandated by outside authorities, something that’s common in the education and health care industries. Either way, be sure to give staff members as much notice as possible so they can seek additional training or look for other opportunities.

Feel free to make routine shift changes–courts won’t consider that evidence of retaliation

07/03/2012

Generally, employees claiming they suffered retaliation after engaging in protected activity—such as complaining about discrimination or taking protected FMLA leave—must show that the retaliation would have dissuaded a reasonable employee from complaining or taking leave. The hypothetical reasonable employee standard isn’t very specific.

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012
Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …