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Arizona

If first disability accommodation doesn’t work, keep trying to find one that does

10/03/2018
The aim is to arrive at an accommodation that satisfies both the employer and the worker. But don’t think that once you have agreed on the accommodation, that’s the end of the matter.

Document why you decided to hire candidate

10/03/2018
A simple truth: Any candidate who doesn’t get a job might sue, alleging some form of discrimination. It’s best to simply assume that, at some point, you will have to explain to a judge exactly why the applicant you picked was the best person for the job.

OSHA fine upheld for out-of-service machinery

08/27/2018
The 9th Circuit Court of Appeals has upheld an Occupational Safety and Health Administration citation against an employer for leaving an unsafe piece of equipment “available for use” even though it was not technically “in use.”

Employers must take steps to put a stop to customer harassment of employees

08/27/2018
The source of the harassment doesn’t matter. What matters is that the employer knew about the harassment and didn’t take adequate steps to stop it or prevent it from happening again.

Long gap between complaint and discharge kills case

07/30/2018
Employees who engage in protected activity such as complaining about alleged discrimination are protected from retaliation for doing so. But that protection doesn’t last forever.

Avoid deviating from past disciplinary process

07/30/2018
When you have a disciplinary process in place and have used it before, don’t deviate from it unless you encounter truly extraordinary circumstances. Otherwise, you may face a discrimination claim.

In rare cases, expunged records can be used to exclude a job applicant

07/30/2018
Generally, California employers cannot use expunged criminal records as the basis for not hiring or for discharging an employee. However, there are some exceptions.

Gov’t employees: No due process claim to promotion

06/26/2018
Public employees have a right to due process before being deprived of the property interest that is their job. Essentially, that means a public employer has to provide “some sort of a hearing” allowing the worker to present his side of the story before being fired. That right doesn’t extend to a promotion not granted.

Better get a lawyer! Details are crucial when drafting employment agreements

06/26/2018
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.

Absences may disqualify disabled employee

06/26/2018
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.