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Louisiana

Post open jobs so everyone knows to apply

03/28/2018

There’s a simple way to prevent lawsuits over missed promotions. Post all internal opportunities and encourage all employees to apply. If you don’t, workers may sue, alleging that the real reason they were denied a promotion was because of some kind of illegal discrimination.

Have a good reason for acting? Stick with it!

02/27/2018

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Acting fast to stop harassment brings quick end to lawsuit

01/03/2018

Employers that take prompt action after learning about sexual harassment generally won’t be held liable, as long as the harassment actually stops.

No ADA violation if accommodation is found outside interactive process

11/15/2017

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

Make sure your good records are dated, too

10/12/2017

When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017

Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

Late despite accommodation? OK to discipline

08/03/2017

What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.

Monitor malpractice claims to collect any reimbursement

07/12/2017

Employers with self-insured health plans should carefully monitor whether employees or their dependents using those health benefits end up suing a provider for malpractice.