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Arizona

Employee using medical marijuana? Firing won’t be a violation of the ADA

06/20/2012

The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t protected from discrimination under the ADA. That means disciplining employees for using medical marijuana won’t violate the ADA.

OK if retirement plan favors surviving spouses

06/20/2012

Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.

Employee can’t sue union under California FEHA law

05/18/2012

Employees sometimes don’t agree with the way their union resolves complaints. But that doesn’t mean they can sue the union under the California Fair Employment and Housing Act. They must use federal law as the basis for their lawsuits.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

04/19/2012

Determining the amount of overtime pay depends on employees’ hourly rate of pay for the first 40 hours. That can sometimes be more complicated than it sounds, especially for employers that pay their hourly employees a set amount for their entire workweek, including overtime.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Considering denying insurance benefits? Always seek expert legal advice first

03/19/2012

It used to be that before an employee or former employee could get into federal court with a benefits-denial case, he had to show that he was a “plan participant.” But following a recent 9th Circuit decision, merely claiming to have been a plan participant is enough.

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012

Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor performer, rubber-stamping that decision can mean losing a discrimination lawsuit.

Employees must apply before suing for failure to promote

12/16/2011

Supervisors don’t have crystal balls that help them tell the future or read employees’ minds. Unless an employee expresses an interest in being promoted, they don’t have to consider him for open positions.

Explore easy accommodations if employee can’t walk well

11/18/2011

Before you ignore an employee who complains he has a hard time walking, consider the consequences of denying a reasonable accommodation. If a jury finds that the employee is disabled, you may be liable. Instead, explore the problem and make simple accommodations if at all possible.