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North Dakota

Client gaffe doesn’t create employer liability

09/17/2012

Sometimes, customers or clients make inappropriate remarks. How managers respond to those comments is important. Put on the spot, they may be at a loss for words. That may not be ideal, but it isn’t enough to create liability for the employer.

Even if you’re wrong, you can fire employee who’s on FMLA

09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.

Public employees have rights beyond those in Title VII

08/13/2012
People living in the United States are protected from state actions that violate the Constitution, a right that goes beyond those accorded to employees under Title VII.

Late EEOC filing? Better be able to prove it

08/13/2012

Employees typically have just 300 days to file EEOC and state discrimination complaints. Otherwise, their lawsuits will be tossed out. But it’s the employer’s burden to prove the complaint was filed too late—not the employee’s burden to prove he filed on time.

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

Detail discipline so you can later explain why punishment was appropriate and fair

07/16/2012
A discrimination lawsuit compares what happened to the complaining employee with what happened to others outside his protected class. Details matter. For example, an isolated instance of rude behavior is one thing, but constant rudeness is something else entirely. It can justify different, more severe punishment.

Subjective hiring criteria are fine–if you can cite a sound business reason

07/13/2012

When you have several good applicants for a job opening, picking the best-qualified candidate isn’t easy. While you should be as objective as possible, the final decision can have a subjective element. Just make sure you document a good business reason to back up your choice.

Ensure you can justify gender pay disparities

07/13/2012

There may be many reasons em­­ployees end up earning different salaries for similar work. Pay disparities often grow gradually, over time. That can mean big trouble under the Equal Pay Act. If you aren’t tracking all pay changes and noting the reason, you may end up liable for sex discrimination.

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.