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Louisiana

Consistent discipline: Your best defense against firing bias

02/01/2007

Some employers’ policies are stricter than others, such as zero-tolerance policies against theft. But it’s more important how you apply your policy than what the policy says …

Workers’ comp claim can’t be basis for Title VII retaliation

02/01/2007

One part of the federal law that bans job discrimination (Title VII of the Civil Rights Act) makes it illegal to retaliate against employees who engage in “protected activity,” such as filing a discrimination complaint. But here’s a key point to remember: That protected activity must be related to discrimination claims under Title VII …

It’s up to employees to press harassment complaints

02/01/2007

While it’s vital to react promptly when employees formally file sexual harassment complaints, what do you do if they approach you informally and don’t want to make a formal complaint? …

Courts reshaping the definition of ‘Retaliation’

01/01/2007

Last summer, the U.S. Supreme Court drafted a broad new legal standard for judging whether a company retaliated against an employee for complaining about discrimination. Now, the lower courts are starting to define what that standard means …

Beware age discrimination risk when offering promotions

01/01/2007

If you don’t ensure that clearly qualified, post age-40 employees aren’t seriously considered for promotions, you could be risking an expensive lawsuit under the federal Age Discrimination in Employment Act …

College degree doesn’t automatically make applicant the better qualified candidate

01/01/2007

In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …

Even lost opportunity for overtime may be considered illegal retaliation

01/01/2007

After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

FMLA: All managers can face personal liability for leave mistakes

01/01/2007

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled …

Texas court clarifies new definition of ‘Retaliation’

12/01/2006

Just a few months ago, the U.S. Supreme Court established a broad new legal standard for judging whether an employer has retaliated against an employee for complaining about discrimination (Burlington Northern v. White). Now, the 5th Circuit Court of Appeals has applied the standard to its first retaliation case after the Supreme Court decision. The news is good for employers …

Putting more weight on interview isn’t pretext for bias

12/01/2006

Employers that use a hiring committee to decide between candidates can put more emphasis on interview performance as a factor in the selection process. That’s true even if assessing how a person interviews is somewhat subjective …