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Alabama

‘Sexist attitude’ isn’t direct evidence of discrimination

01/01/2007

To support sex discrimination lawsuits, employees must do more than claim their supervisor had a “sexist attitude.” Without more proof of job-related impact, complaints about supervisors with attitude aren’t enough direct evidence …

Review your severance packages; EEOC tightening scrutiny

12/01/2006

When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC …

Set firm moonlighting policy; punish violators equally

12/01/2006

You have the right to prohibit employees from engaging in other gainful employment while at work. But can you (or should you) ban off-the-clock moonlighting? And when should you discipline employees for moonlighting? …

Release only essential information about a RIF

12/01/2006

When conducting a reduction in force (RIF), it’s vital to handle severance offers carefully. Make sure you don’t needlessly give discharged employees the idea that they can file an age-discrimination lawsuit …

Unpaid helper or official employee? Beware blurry line

12/01/2006

If you allow someone to perform work yet you never officially hire the person, don’t think you can avoid paying by calling her a volunteer. She’s your employee and must earn at least minimum wage …

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …

Base promotions on impartial, job-Related reasons

11/01/2006

When deciding whom to promote, make sure you’re using an impartial selection process to pick the best candidate. That’s the only way to stay on safe legal ground …

Halting manager’s duties during probe isn’t punishment

11/01/2006

When an employee complains about race discrimination, you know to immediately investigate. But what if a manager complains about her subordinate’s racial comments? Can the company tell the manager to hold off disciplining the employee until it’s had a chance to investigate the discrimination claim? Yes, as a new ruling shows …

Don’t fear that settling a lawsuit will affect later case

11/01/2006

If you’re reluctant to settle an EEOC case out of fear that it will set a precedent for other claims made against your organization, here’s a piece of good news: An employee can’t base a discrimination claim on a settlement that you reached with another employee …

Recertification request won’t guarantee FMLA extension

10/01/2006

By law, employees can take up to 12 weeks of FMLA leave each year. Your organization can, if it chooses, grant an extension …