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Employment Law

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Michigan religious employers have ‘Ministerial exception’

06/12/2008
A Michigan appeals court has ruled that religious employers have the right to make some employment decisions based on a constitutional “ministerial exception.” Essentially, employees hired to carry out an institution’s religious mission can’t sue under civil discrimination laws …

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …

Warn managers and supervisors: You may be personally liable for discrimination!

06/12/2008
Now is a good time to remind management that the Elliott-Larsen Civil Rights Act (ELCRA) holds managers and supervisors personally liable for any violations. That means their personal assets are on the line if an employee wins a discrimination lawsuit …

House passes off-Duty activities bill

06/12/2008
In a vote split along party lines, the Michigan House of Representatives passed legislation that would prohibit employers from firing or refusing to hire workers because they engage in legal off-duty activities such as smoking …

More woes at American Axle

06/12/2008
Less than half of the hourly employees who returned to work following an 87-day strike at American Axle & Manufacturing will have jobs in a year, the company announced. The company also will cut its hourly labor rate, including wages and benefits, by half …

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …

Does the Pregnancy Discrimination Act grant additional maternity leave?

06/12/2008
Q. We granted an employee maternity leave following the birth of her child—12 weeks of leave in accordance with the FMLA. Other than the FMLA, our company has no past practice or policy of granting leave (paid or unpaid) to employees except for their own medical conditions. Our employee claims that we will be discriminating against her because of her pregnancy and status as a new mother if we do not grant her additional leave time. I am aware of the Pregnancy Discrimination Act. Does it require us to grant our employee additional leave to care for her newborn? …

Paying for steward’s time spent on the grievance process

06/12/2008
Q. We have a problem with the union steward in our plant. He seems to think that his primary responsibility is working for the union, and that his job is secondary. He spends an inordinate amount of time filing and working on grievances. Are we required to pay an employee who is the union steward for time spent on union activities? …

Inability to sit does not constitute a disability

06/11/2008
Employees sometimes think that just about any minor medical or physical problem is a disability protected under the ADA. Simply put, that just isn’t the case. As the following case shows, being unable to sit for a few hours at a time isn’t a covered disability …