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Employment Law

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Publix sexual harassment reporting policy holds up in court

09/08/2008
The Publix supermarket chain has won a partial victory in a sexual harassment case that spotlighted “nauseating” behavior by a store manager. The only bright spot for the grocer: The victim’s failure to properly report harassment means Publix may be liable only for retaliation …

Whistle-blower heads to court to win back state job

09/08/2008
Steven Hougland, former beverage director for the Florida Department of Business and Professional Regulation, has filed a lawsuit under Florida’s whistle-blower law, claiming he was effectively forced to resign because of corruption in the department …

Walt Disney World dilemma spotlights religious discrimination issues

09/08/2008
Sukhbir Channa, a practicing Sikh, has sued Walt Disney World after the theme park fired him for allegedly not having the “Disney look.” Channa wears a turban, beard and long hair—practices required by his religious beliefs. This is a case in which a company’s dress code collides with workplace diversity, and it may be a sign of more conflict to come …

This just in: Don’t fire employee for taking FMLA leave

09/05/2008

It seems pretty obvious you can’t legally fire an employee because she took FMLA leave. Every employer knows that, right? Perhaps not. Recently, the 6th Circuit Court of Appeals had to rule on the question when an employer hoped to get a definitive ruling that employees are entitled to leave, but can be fired for using that leave …

Progressive discipline best approach with problem employee

09/05/2008

Some employees may believe their co-workers and supervisors are out to get them because of race, sex or some other protected characteristic. Then they look for evidence to support those beliefs. They catalog every slight for future reference—maybe in a lawsuit. Your best defense against such litigation is a well-established progressive discipline system …

No reemployment delay allowed for returning soldiers

09/05/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) controls how employers handle employees who also serve in the military. As the following case shows, federal appeals courts are losing patience with employers that don’t know or don’t follow USERRA’s strict rules for reemployment …

Arbitration agreement may be used for USERRA claims

09/05/2008

While USERRA may be comprehensive and quite broad, there is at least one area that courts seem willing to concede can be changed. The 6th Circuit Court of Appeals has recently ruled that employees and employers who agree to arbitrate disputes can include USERRA claims in that arbitration agreement …

Raise arbitration early—or else find yourself in court

09/05/2008

Does your organization have arbitration agreements in place for some employees, but not others? Then make sure you keep careful track of whose cases should go to arbitration and whose should not. If one of your employees sues in court, you may lose the right to arbitration if you don’t object to the lawsuit quickly …

Don’t punish manager for telling employee he may be discrimination victim

09/05/2008

Managers who raise potential discrimination claims to upper-level managers and then tell affected employees about the problem are protected from retaliation under the Ohio Revised Code’s employment discrimination sections …