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Alabama

Track discipline by offense, worker traits to reduce bias risk

06/09/2008
Employees who believe management has unjustly targeted them for poor treatment often blame it on bias against whatever protected class they may belong to. That’s why it’s so important for employers to proactively ensure that they enforce all rules equitably and fairly—so no employee can claim she was singled out for harsh punishment …

Transparency is key to lawsuit-Proof promotions process

06/09/2008
If, like most organizations, you prefer to promote from within, here’s a good rule of thumb: Follow careful procedures in your selection process. That way, you can choose the best applicant for the job and also be able to easily justify your selection if a disgruntled and rejected applicant sues …

Court warns against bending the rules when hiring

06/09/2008
Don’t give in if managers ask HR to change the hiring criteria because they think they have already found the perfect candidate—who just happens to lack one of the job requirements. Courts often view such ad hoc changes as serious flaws in the hiring process …

Building case for firing employee is OK—If it’s legitimate

06/09/2008
By all means, supervisors and managers should build a strong case for discharging a poorly performing employee before issuing a pink slip. However, they must make sure their motivations for compiling a record of poor performance are legitimate—not just fishing expeditions designed to look for excuses to fire …

Use performance evaluations to pinpoint problems—And follow up

06/09/2008
There’s no point in completing performance evaluations and suggesting areas in which employees could improve if no one follows up. The best approach is to schedule an interim review for an employee who needs improvement. Then tell him what he needs to do before the next review …

Harassing Our Vets at Work: Unpatriotic for Sure, But Is It Illegal?

06/03/2008
A federal court has ruled that employees who believe their employers harass them because of their military status may file complaints under USERRA. The harassment angle breaks new legal ground. As more veterans return home from active duty, will it open the litigation floodgates?

Tell supervisors: No threats following unfair labor charges

05/19/2008
It’s understandable that managers and supervisors might get angry if an employee filed unfair labor practice charges against them. But how they respond may mean the difference between a reasonable resolution of the underlying complaint and additional charges—for retaliation and intimidation …

Don’t let retaliation undo settled discrimination charge

05/19/2008

Ever since the U.S. Supreme Court declared that the threshold for retaliation is much lower than for discrimination itself, employees who have filed discrimination complaints are finding that by charging retaliation, they get a second chance to drag their employers into court. That’s why it is absolutely crucial for HR to train supervisors and managers on retaliation …

Duty differences, experience enough to defeat equal pay claim

05/12/2008
The Equal Pay Act was passed to ensure that women are paid the same as men for substantially equal work. The law does allow for differences based on any factor “other than sex,” but you must be prepared to explain pay differentials in a way that clearly demonstrates why two employees in the same job receive different wages …

Act fast to accommodate deteriorating medical condition

05/12/2008
Under the ADA, employers must engage disabled employees in interactive discussions about how to reasonably accommodate their disabilities. But sometimes, an employee’s condition may take a rapid turn for the worse. How fast you act may mean the difference in winning or losing a later ADA reasonable accommodations case …