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Employment Law

HR Must Referee Employees’ McCain-Obama Debates: Know the Law

09/09/2008
John McCain and Barack Obama aren’t the only people embroiled in political debates this fall. So are some of your employees. And their water-cooler conversations may turn especially heated in the next few weeks. How HR handles political speech may spell the difference between workplace civility and civil war.

Take action to prevent customers from harassing employees

09/09/2008
Employees are entitled to work in a harassment-free environment—and that includes more than freedom from harassment by supervisors and co-workers. Employers also have to take reasonable steps to protect workers from harassment by customers, clients and others over which the employer has some control …

Don’t let lawsuit fear make you second-Guess good decisions

09/09/2008
Courts aren’t in the business of second-guessing all your employment decisions, as long as those decisions seem reasonable and rational. If you keep good records, can easily explain your decision-making processes and don’t have any discrimination to hide, you’ll win most lawsuits …

You can’t ignore—or excuse—Offensive cultural symbols

09/09/2008
There’s no excuse for ignorance when it comes to racially hostile symbols and speech in the workplace. Employers that ignore harassing co-workers—hiding their heads in the sand or relying solely on handbooks that tell employees how to complain—may be setting themselves up for a losing lawsuit …

Biological Link to Child Isn’t Required for Employee to Take FMLA Child-Care Leave

09/09/2008
The FMLA clearly doesn’t cover employees who take time off work to care for a sick girlfriend or boyfriend. However, as a new case shows, employees can legally take FMLA leave to care for a girlfriend’s or boyfriend’s child, if the employee has assumed day-to-day responsibility for that child. Learn more about this crucial distinction.

Focus on facts when promoting; avoid subjective ‘Better qualified’ justification

09/09/2008
Internal promotions are tricky. Supervisors usually try to choose between two or three known candidates—subordinates with whom they have worked with day in and day out. It’s tempting, then, to choose the employee who seems the most cooperative and the best team player. Resist that temptation …

When Can You Discipline, Fire Disabled Workers? New EEOC Guidance Explains

09/09/2008
The ADA does not affect an employer’s right to hold all employees to basic conduct standards, and employers can apply the same performance standards to all employees, including those with disabilities. That’s the clear conclusion of a new ADA guidance document just issued by the EEOC.

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …

Restaurant makes good after religious discrimination slip-up

09/09/2008
Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

WMI hit with overtime suit contesting break practices

09/09/2008
A group of current and former drivers and ride-along helpers for Waste Management Inc. (WMI) has filed a lawsuit claiming the company routinely required them to work through breaks without pay to finish their routes on time …