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Employment Law

Commissioner denies former aide’s sexual harassment charge

01/01/2008

Alyssa Ogden, former aide to Hillsborough County Commissioner Kevin White, says she was fired because she rebuffed numerous sexual advances since she joined White’s staff in April of 2007. She filed an EEOC complaint …

Employees have no right to change duties to fit beliefs

01/01/2008

Employers can’t discriminate against employees because of their honestly held religious beliefs. On the other hand, those religious beliefs don’t give employees the right to alter their jobs based on those beliefs. This is especially true for public employees who might expose their agencies to First Amendment establishment clause litigation …

Set harassment policies employees can understand and follow

01/01/2008

The best—quite possibly the only—protection employers have against losing a sexual harassment lawsuit is an effective sexual harassment policy. But a policy isn’t worth the paper it’s written on if employees don’t know about it or find it hard to use …

If new employee clearly isn’t working out, fire and move on

01/01/2008

Sometimes it becomes painfully obvious you’ve made a hiring mistake shortly after the new employee clocks in on day one. If, during initial training or on the first assignment, you know the employee will not meet your legitimate expectations—and you can substantiate your impression—it may be best to admit the mistake and discharge the new employee …

Evenly enforce zero-Tolerance rule against threats

01/01/2008

You’ll never be able to completely eliminate romantic involvement between co-workers, but you can and should take steps to ensure peaceful coexistence in the workplace once a relationship ends. Just make sure you enforce the rules evenhandedly against both males and females …

Disabled or not? Diagnosis and symptoms are just part of the analysis

01/01/2008

Many serious conditions aren’t disabilities at all under the ADA. It all depends on how the condition affects the person’s daily life. That’s why it’s important to gather as much information as possible before you concede that an employee is disabled. Many times, the claimed condition just doesn’t measure up …

Women have up to three years to file equal-Pay lawsuits under the EPA

01/01/2008

If you thought last year’s U.S. Supreme Court decision in the Ledbetter case made it clear that employees must file EEOC complaints within 300 days of suffering a discriminatory pay decision, think again. That deadline applies only to sex discrimination cases brought under Title VII of the Civil Rights Act …

After United gives workers the bird, some give it back

01/01/2008

Five United Airlines workers needed medical attention for nausea and vomiting after partaking in the airline’s holiday peace offering—a full Thanksgiving dinner with all the trimmings. The feast was supposed to be United’s way of restoring goodwill after the Aircraft Mechanics Fraternal Association criticized the airline …

Basic problem stalls pay suit: Plaintiff made lots of money

01/01/2008

Jacqueline Bowbin sued Bulkmatic Transport Inc. for gender discrimination, alleging violations of the Equal Pay Act. In 2006, Bowbin claims, her supervisor told her she would be well into a six-figure salary with bonuses and stock compensation. But that year, Bulkmatic apparently did not award either, companywide. Bowbin cried gender discrimination …

Caution: ‘Going by the book’ may be retaliation

01/01/2008

When an employee everyone considered loyal suddenly starts complaining to a regulatory agency about alleged workplace violations, it’s natural to be upset. But resist the temptation to send the employee a message by suddenly enforcing the work rules zealously …