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North Dakota

Develop procedures for breaks that accommodate disabilities

08/12/2008
Sometimes, employees with disabilities may need additional breaks as reasonable accommodations. But you don’t have to leave the timing or duration of the breaks entirely to the employee. If you do, it will be hard to tell whether the employee is taking a legitimate and necessary accommodations break or simply taking advantage of additional freedom. And that can lead to litigation …

Prejudgment, blind faith by HR may prove costly

08/12/2008
How HR handles discrimination complaints can mean the difference between winning and losing lawsuits. The key lies in using good faith when checking out allegations of discrimination. Do not automatically assume that either party is correct. Keep an open mind and conduct an impartial investigation, giving everyone a chance to present his or her version of events …

Sour environment doesn’t warrant constructive discharge

08/12/2008
Employees who believe they are being discriminated against and can no longer tolerate their work environments may quit and sue, claiming they had no choice. That’s the basis for a “constructive discharge” claim. But it takes more than an unpleasant work environment to justify the resignation as constructive discharge …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …

You get to decide what punishment fits the crime

07/08/2008
When it comes to disciplining employees who break company rules, courts like to keep their hands off employer decisions—as long as everyone who breaks a particular rule receives the same punishment. But courts rarely have problems with the rules companies create and the punishments companies assign to particular rules …

Make sure hiring criteria include objective elements

07/08/2008
There’s no need to cut out all the subjective factors that go into a hiring decision. Instead, make sure you also include objective measures that can be easily compared, such as education, experience and specific skills. That way, you are more likely to win a discrimination challenge …

Make sure two representatives are present during termination meetings

07/08/2008
Nothing spurs a lawsuit like a discharge, and such cases often boil down to who said what, and when. That’s why it’s wise to have at least two management-level representatives present at all termination meetings—perhaps one supervisor and one HR rep. If the termination leads to litigation, the two people can testify about what happened …

Is that harassment—Or just a personality clash?

06/10/2008
When an employee complains about alleged discrimination or harassment by a supervisor, take a careful look at what each person says is happening. As the following case shows, sometimes just a poor working relationship—not discrimination—is the source of the problem …

When worker complains, find out if she’s a ‘Serial sue-er’

06/10/2008
Sometimes, you can tell how seriously to take an EEOC or other discrimination complaint by checking to see if the employee (or applicant) has filed other discrimination lawsuits in the past. If the complaint turns into a court case, an employee’s pattern of frivolous litigation may become powerful evidence a judge or jury will want to consider …

Handle disabled worker’s poor performance like any other

05/13/2008
Employees who have disabilities sometimes pose special challenges. Accommodating their work restrictions requires diligence and flexibility. That doesn’t mean, however, that you should ignore declining performance …