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Alabama

You can require ‘Cultural authenticity’ in some circumstances

02/01/2008

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don’t go overboard and eliminate everyone who doesn’t look or act authentic …

Specify some offenses as dischargeable, and follow through

02/01/2008

Employers have a legal obligation to provide a safe working environment, and that includes taking reasonable measures to ensure that violence stays outside the workplace gate. Your employee handbook should include “no violence” and “no threats” clauses, explaining that verified violence or threats mean immediate dismissal …

Stable employment history is a legitimate hiring criterion

02/01/2008

You can use stable employment history as a legitimate selection criterion in hiring—if you do it right. The key is to allow employees to explain interruptions in their employment histories, ignoring those that could lead to a discrimination lawsuit …

Different grooming rules for different employees are legal

01/01/2008

Tattoos, body piercings, wildly colored hair—these days it seems as if just about anything goes in the workplace. Employers that want some sense of decorum at work may feel as though insisting on a dress code marks them as dinosaurs. Rest assured, however, that you can insist on a reasonable dress and grooming code …

Employers—Not employees—Choose ADA accommodation

01/01/2008

Sometimes disabled employees and their employers have different views of the accommodations needed to do their jobs. Fortunately, it’s up to the employer, not the employee, to pick the accommodation. Simply put, the employee isn’t the master of the accommodation—the employer is …

Following baseless complaint, ensure later discipline is legit

01/01/2008

Sometimes employees who know they are in trouble at work will try to set up lawsuits. That way, they reason, if they get fired, they can sue for “retaliation.” It’s up to HR to ferret out such sneaky tricks and prevent those lawsuits. The best way is to make absolutely sure that you can justify any eventual discipline …

Condition worthy of FMLA leave might not be ADA disability

01/01/2008

The FMLA and the ADA may seem as though they overlap, but that’s not always the case. A disability under the ADA is almost always a serious health condition under the FMLA, but not every serious health condition is an ADA disability. Here’s why …

Shift swapping reasonably accommodates religious days off

12/11/2007

Employers can manage employees’ religious needs without simply exempting religious employees from weekend work. Here’s how: Simply design a system that rotates shifts so everyone gets a turn for weekend days off; then tell those seeking religious accommodations it’s up to them to arrange shift swaps …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …

Discipline tracking system beats discrimination claims

12/01/2007

Can your organization produce concrete evidence backing up every disciplinary decision it’s made? You need a tracking system that does just that. Here’s why …