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Arizona

Contract lapse can trigger employment suit

09/29/2022
Some employers assume that if they provide time-limited employment contracts, they can let those contracts expire without worrying about being sued for workplace discrimination. After all, when an employer and an individual sign a contract with an end date, it should follow that once that date comes and goes, neither has an obligation to the other, right?

Sexual harassment case underscores importance of training

09/28/2022
Lowe’s will pay $700,000 to settle a sexual harassment discrimination lawsuit brought by the U.S. EEOC, charging that the hardware chain allowed sexual harassment to occur at its Lake Havasu City, Arizona, location for several years.

Even temporary conditions can be disabilities

05/26/2022
It’s a misconception that an employee must have a permanent, long-term medical condition in order to be covered by the ADA. Not true! A temporary serious health condition can still qualify as an ADA disability.

Remove cold-calling from your recruitment toolkit

08/26/2021
In today’s tight labor market, employers are getting creative in their efforts to recruit new employees. But there’s one major recruiting no-no that can spell big trouble. Forget cold-calling cell phones. As a recent case shows, the fines for making unsolicited calls range from $500 to $1,500 per call.

Recruit broadly to ensure diverse applicant pool

01/14/2021
Employees and job applicants can win age discrimination lawsuits if they prove an employer’s personnel practices have a negative disparate impact on older persons.

Act ASAP to prevent customer from harassing

01/14/2021
Title VII doesn’t just outlaw co-worker and supervisor harassment, it also holds employers responsible for preventing and stopping harassment from outside the organization. As much as you don’t want to alienate customers, you must intercede if they harass your employees.

How to discipline despite ‘protected’ activity

07/02/2020
Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Beware basing starting pay on past salary

03/12/2020
Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

02/25/2020
Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.