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Louisiana

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Bias complaint won’t fly if everyone was equally qualified

01/07/2011
Job applicants or employees looking for promotions who think they were passed over because of a protected characteristic like race or sex generally have to show that they were the best, most qualified candidate.

Proceed with care during union negotiations

01/07/2011

Here’s a warning to employers facing a union for the first time. Get an attorney right away and rely on his or her advice to guide your actions. The 5th Circuit Court of Appeals has just issued a tough decision requiring an employer to rehire employees it terminated during a strike.

Call lawyer about worker’s perceived disability

01/07/2011

It may seem like the obvious move: If an employee has a medical condition that makes it impossible to do her job safely, then it makes sense to terminate her. Not so fast! Consult your attorney before you fire her.

Lateral transfer isn’t an adverse employment action

12/01/2010

Employees turned down for jobs that amount to lateral transfers can’t sue for discrimination. That’s because employees have to prove the employer made an adverse employment decision based on some form of discrimination. A transfer that doesn’t change the terms and conditions of employment isn’t adverse.

Employee pushing envelope on HR policies? Maybe he’s not best for job with lots of rules

12/01/2010

Have you had an employee who always tries to see how far he can stretch workplace rules? You know the type—he takes all breaks, arrives just before he’s technically late and never volunteers for the tough tasks. That guy might not be the best choice to promote into a job that requires following strict rules.

The best defense against bias lawsuits: Equal treatment for all your employees

11/15/2010
An employee who thinks her supervisor is out to get her may be on the lookout for perceived discrimination. She can turn a negative performance appraisal into a bias lawsuit. The only way to prepare for surprise lawsuits is to consistently treat all employees alike and document that fair treatment. For example, performance evaluations should include as many objective measures as possible, making it easier to compare employees.

Fired employee suing? Find out if he’s filed for bankruptcy

11/01/2010

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

You can require ability to speak second language

11/01/2010
The 5th Circuit Court of Appeals has refused to expand the right to sue to individuals who don’t speak a second language. That leaves employers free to require second-language skills for some jobs.

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.