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Arizona

Your best protection against bias lawsuits: Let he who hired be the one who fires

04/24/2017
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.

Orientation program may not have to be paid

04/24/2017
Generally, you must pay employees for the time they spend in training. But that’s not always the case for initial orientation programs.

Class-action members must share common grievance

03/29/2017
When a worker files a lawsuit seeking class-action status, he must show the court that other workers are similarly situated to join the group.

New hire wasn’t qualified? Disability is irrelevant

03/29/2017
A disabled worker has to prove that he would be otherwise qualified.

Automotive service advisors not exempt from federal wage-and-hour law

03/29/2017
Service advisors are not exempt under the auto salesperson exemption to the Fair Labor Standards Act.

Boss’ comments direct evidence of bias

03/29/2017
If you learn that a supervisor who wants to fire an employee has made sexist comments about her, think twice about that termination.

No ADA violation if worker cannot perform the job

02/27/2017
It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Take–and retain–detailed notes during interviews

02/27/2017
Make absolutely certain that you retain copies of all interview questions and notes. You may need them to prove how you made hiring decisions.

Heard allegations of racial harassment? You must take steps to stop it

02/27/2017
Employers face liability if they spot racial harassment at work and don’t take reasonable steps to stop it. Don’t assume the problem will go away on its own—or that workers who experience harassment will indefinitely tolerate a hostile environment.

Carefully track exactly who applies for jobs

01/30/2017

If you advertise job openings and someone does not apply, they’re going to have a hard time proving that you discriminated against them.