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Firing

If workers’ ‘free speech’ threatens others, you can ban it

08/01/2003
Issue: Employees wrongly believe the First Amendment protects their comments at work.
Risk: You don’t need to put up with employees who claim their harassment or bias is just “free …

Let applicants respond to background-check results

08/01/2003
Issue: You can be held liable for rejecting job applicants because of inaccurate background checks.
Risk: Defamation, invasion of privacy and wrongful-discharge lawsuits …

Less chance of receiving ‘no match’ letter from SSA in 2003

08/01/2003
Issue: Letters from the Social Security Administration (SSA) flushed out thousands of illegal aliens working in U.S. companies, creating chaos for HR departments …

Mentioning worker’s body odor isn’t discriminatory

08/01/2003
A Muslim IT manager sued for national-origin discrimination, claiming that he was fired for what his supervisor considered poor personal hygiene, not poor performance. His evidence: The supervisor had confronted him …

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Title VII: Employees who sue for bias have easier path to victory.

07/01/2003
In a decision that elevates your legal risk in discrimination cases, the U.S. Supreme Court ruled in June that employees no longer need to show direct evidence …

Mentioning employees’ body odor isn’t discriminatory.

07/01/2003
A Muslim IT manager sued for national origin bias, claiming that his supervisor’s comments about his personal hygiene, not performance problems, were the true cause …

Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …