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North Dakota

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Mandating New-Age spirituality at work can trigger an Old-School lawsuit

10/01/2007

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …

‘How may I insult you?’ Rude salespeople ignite bias suits

06/01/2007

You’d think the sight of customers paying retail prices with real green money would be a sight for a salesperson’s sore eyes. That apparently wasn’t the case at a Dillard’s department store in Kansas City, which is now facing a messy lawsuit after a saleswoman shunned a customer …

It’s up to you to prove applicant is ‘Direct threat’ to safety

04/01/2007

You can legally reject job applicants who have physical or mental limitations if they would pose a direct threat to their own safety or the safety of customers or co-workers. The ADA makes that clear. What isn’t clear is what’s considered a “direct threat” …

Do your hiring tests simulate true working conditions?

01/01/2007

Before you create an applicant screening test—whether it’s for a manual-labor or white-collar position—make sure that it relates directly to the work that person will be doing. “Somewhat applicable” tests won’t fly in court …

Ethnic name isn’t a ‘Head-Start’ to bias claim

11/01/2006

Employees whose names people associate with a particular religion, origin or ethnicity can’t automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case …

New arbitration pacts should cover ‘Old’ job disputes

09/01/2006

More organizations are establishing mandatory arbitration agreements that require employees to arbitrate employment disputes rather than go to court. But if you’re considering such agreements, make sure they contain language that covers events that occurred before you put the arbitration policy in place …

Equal treatment is absolutely essential after employee’s complaint

07/01/2006

It may seem patently obvious, but judging from the number of lawsuits alleging retaliation these days, many employers still don’t understand the importance of equal treatment following a complaint …

Analyze Severance Agreements for Plain-Language Readability