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Employment Law

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

Employee passed fitness exam? Put him to work

01/25/2010

Requiring an employee to undergo a fitness-for-duty examination to show he can perform his job doesn’t mean you’re regarding him as disabled or essentially conceding he is disabled. How you handle the exam results is what matters—not that you ordered an exam in the first place. If the exam shows the employee can perform the job, make sure you immediately reinstate him.

Camden settles race bias case for $1.15 million

01/25/2010

Two black deputy fire chiefs have accepted a $1.15 million settlement to end their race discrimination and retaliation lawsuit against the city of Camden and two Camden fire chiefs.

OK to suggest retiring in lieu of getting fired: It’s not age discrimination

01/25/2010

Employees who claim they have experienced age discrimination must prove that age was the reason for an adverse employment action, such as termination or demotion. It’s not enough to show that a supervisor merely referred to the employee’s age. As the following case shows, merely suggesting retirement in lieu of discharge isn’t enough.

Enforce policy to prove you don’t tolerate harassment

01/25/2010

Simply having an anti-harassment policy isn’t enough. Employers have to use it when faced with a violation. When you do, make sure you document what you did to remedy the problem.

Start accommodations process when FMLA expires

01/25/2010

Change your policy now if you automatically terminate employees who use up their FMLA leave and can’t yet to return to work without restrictions. That’s because the New Jersey Law Against Discrimination requires employers to start an interactive accommodations process when they learn an employee may be disabled.

Lawnside settles police dept. bias case for $350,000

01/25/2010

The Borough of Lawnside has agreed to settle a discrimination lawsuit filed by a female police officer who alleged she began experiencing harassment and discrimination almost from Day 1.

Drafting an auto-use policy? Here’s a crash course

01/25/2010

If your employees travel on company business, use company cars or rent cars for business, make sure you have an auto-use policy that makes it clear that zany antics, such as one employee’s 600-mile detour to Dixie, fall outside the scope of employment …

Understand GINA’s new prohibitions on misuse of genetic info

01/25/2010

Interim final regulations implementing the Genetic Information Nondiscrimination Act of 2008 are now in effect for group health care insurers with plan years beginning on or after Dec. 7, 2009. If you offer group health coverage, that means you must understand and comply with GINA’s anti-discrimination provisions relating to genetic information.

Your Best Defense: Prevention

01/22/2010

HR Law 101: When drugs don’t seem to present a problem in a workplace, it’s easy to develop a cavalier attitude about them. That’s not very smart. Drug abuse often begins with a single offender and then spreads out ­malignantly. Experts say your best defense is to detect drug abuse when it first appears and to root it out immediately …