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Alabama

Go ahead and detail performance problems—criticism isn’t an adverse employment action

04/14/2009

Employees can sue for discrimination only if they can show they suffered an “adverse employment action.” In other words, they have to show that their employers somehow did something that affected their jobs—such as a demotion, discharge or pay cut. Merely criticizing an employee’s performance isn’t enough if it isn’t accompanied by something more substantial.

Using subjective hiring factors? Make sure you can clearly explain later

04/14/2009

Here’s an important reminder to managers and supervisors who interview candidates and use subjective characteristics to make hiring and promotion decisions: They’d better be able to explain exactly what led them to make the decisions they made. Interviewers should keep careful notes, including the specific questions they asked, as well as how the candidate answered the question.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

Track shift assignments to ensure fairness to all

03/09/2009

If your organization operates several shifts to get its work done, you probably have a system in place to make sure shift assignments are drawn up fairly. If you don’t, consider implementing such a system now.

Black employees have 4 years to file Section 1983 lawsuits in Florida

02/12/2009

As an employer, you may be used to cases moving quickly through the EEOC and on to court. That’s because employees must file EEOC complaints within 300 days of the alleged discrimination. They then have 90 days after the EEOC dismisses the complaint to file a federal lawsuit. But black employees can also file a lawsuit under another section of the Civil Rights Act.

Public employer alert: Know when you can discipline employees for speaking out

02/12/2009

Public employers know they can’t punish employees who speak out on matters of public importance. Government employees have a Constitutional right to free speech. But that doesn’t mean you must treat with kid gloves every employee who mouths off—or that you can’t legitimately discipline those employees.

Track reasons why you hired or rejected every applicant

02/12/2009

You can never know beforehand which applicant might sue you. That’s one good reason to track every hiring decision and document why you hired some candidates and not others.

OK to let divisions set own promotion criteria

01/13/2009

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.

Keep solid records to show FMLA eligibility

01/13/2009

Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for FMLA leave are eligible for unpaid FMLA leave for their own serious health condition or that of a relative. If employees haven’t reached 1,250 hours, they’re not eligible. That’s why it’s important to track every hour worked.

Make sure ‘executive exemption’ fits, or you could be liable for huge FLSA damages

01/13/2009

Don’t make one of the most common mistakes HR managers do when classifying employees as exempt—by relying on the so-called “executive exemption” for employees you call managers and supervisors. Unless you can back up your claims with solid proof, your organization could be on the hook for an expensive jury award.