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Employment Law

Pull up a chair: You must have ADA accommodations talk with disabled employees

04/05/2010
Here’s one of the most common mistakes employers make when managing employees with disabilities. They know that generally, the employer gets to choose the reasonable accommodation. But what they don’t realize is that simply unilaterally declaring an accommodation won’t pass muster under the ADA.

Fighting for disabled, EEOC takes on churches

04/05/2010
For several months, the EEOC has been aggressively going to court on behalf of disabled employees. Their successful litigation has paved the way for more disability lawsuits against religious organizations that employ laypersons.

Check all discipline to spot, stop retaliation

04/05/2010

When an employee assists in a co-worker’s EEOC case or lawsuit, employers can’t punish the employee who helped. That would be retaliation. If there’s a short gap between the assistance and the punishment, watch out for a retaliation lawsuit. That’s why HR should always review disciplinary actions with an eye toward making sure there’s no retaliation.

Employee is wasted at work? You don’t have to tolerate it!

04/05/2010

It’s true that the ADA and FMLA require you to accommodate employees with medical ailments—even employees recovering from alcoholism. But take note: You certainly can enforce a zero-tolerance policy that forbids employees to work while under the influence of alcohol. Employers have every right to expect workers to show up sober in the morning. Being an alcoholic is no excuse.

Good news: Supreme Court eases path from N.C. to federal court

04/02/2010
A seemingly simple question—which court should decide a lawsuit—that made it all the way to the U.S. Supreme Court has sent ripples through the corporate law world in general and employment law in particular. It’s an example of the kind of case HR professionals need to understand.

Beauty Smart settles after rejecting non-Korean applicant

04/02/2010
The company that owns the Beauty Smart chain of salons in Henderson, Oxford and Durham has reached an agreement with the U.S. Department of Justice to end what the department called “pattern and practice national-origin discrimination” that violated the Immigration and Nationality Act.

School ‘accident’ leads to suit against Brunswick County

04/02/2010
Anna Stanley used to work for the Brunswick County school system as a teaching assistant. She was terminated after an incident in which a third-grader wet his pants and sat in them for three hours. Stanley has filed race discrimination charges under state law in Brunswick County Superior Court.

Were Blackwater’s employee relations murky as well?

04/02/2010
Xe Services, the Moyock-based defense contractor formerly known as Blackwater, faces three lawsuits by former trainers who claim the company misclassified them as independent contractors. The suit seeks overtime pay.

Insist on specifics when facing EEOC charges

04/02/2010
A federal court has given the EEOC a second chance at filing a sexual harassment lawsuit. The agency had filed a vague complaint, and the court said the employer needed far more information in order to defend itself.

Get legal help when negotiating union contract

04/02/2010
Drafting a collective-bargaining agreement isn’t a do-it-yourself project. You have to make sure that the language in the union contract does what you intend it to do. For that, you should consult an experienced labor-relations attorney.