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Louisiana

Make bosses justify hiring, promotion choices

10/04/2011
Insist that all those involved in the hiring process document why they chose the candidate they did. That way, if a hiring manager inadvertently used hiring criteria that may have had the appearance of being biased, you can use those alternative reasons to de­­fend against a discrimination lawsuit.

Is it a personality conflict or discrimination? Let investigation guide your response

10/03/2011
There are times when a supervisor and a subordinate simply can’t get along. It’s important for HR to distinguish between a personality conflict and discrimination. The former is cause for concern because it is disruptive and counterproductive. But the latter must be dealt with immediately and firmly—because it’s illegal.

Remove bias suspicion: Make firing a group decision

09/02/2011

Employers that use a team to carry out termination decisions may have an advantage. Case in point: George Dulin, who is white, lost his job of two decades as an attorney for a hospital. When a black attorney replaced him, he sued for race discrimination.

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Beware double damages when sued under EPA

09/02/2011
Here’s something to consider when reviewing your pay and compensation packages: Employers that lose an Equal Pay Act claim may end up paying double damages.

Section 1983 claim must prove discriminatory agency policy

07/29/2011
Public employees who miss the deadlines for suing under various discrimination laws sometimes get another bite at the litigation apple with a claim under Section 1983. But Section 1983 lawsuits also require public employees to show that their employers had a custom or policy that resulted in discrimination. That’s hard to do.

Punishing son for father’s complaint is retaliation

06/30/2011
In January, the U.S. Supreme Court ruled in Thompson v. North American Stainless that it’s retaliation to fire someone because his fiancée complained about discrimination. Since then, courts have had to reconsider the idea that only the original complainant can sue for retaliation.