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Employment Law

EEOC class action requires proof each member was harassed

12/01/2007

Here’s a bit of good news for employers facing an EEOC sexual harassment investigation: A federal court has concluded that, in a pattern-and-practice lawsuit, the EEOC still must show that each and every woman it claims was subjected to a hostile work environment actually experienced the harassment …

Being the only member of a protected class isn’t direct evidence of discrimination

12/01/2007

While being the only Hispanic, black or woman in a workplace may be uncomfortable, it doesn’t show that your employer practices discrimination. It takes more—such as statistical proof that the local labor pool includes other members of the employee’s protected class and that the organization employs a disproportionately lower number than should be on the payroll …

$27.5 million settlement in law firm’s age discrimination suit

12/01/2007

The international law firm of Sidley Austin LLP, Chicago, will pay $27.5 million to 32 former partners to settle an EEOC lawsuit. The EEOC claims 29 of the partners were either expelled or demoted during a 1999 reorganization, and the remaining three retired under the firm’s age-based retirement policy …

Car dealer had a right to send salesman packing

12/01/2007

A salesman for Spring Hill Ford in East Dundee sued the company for race discrimination after he was fired for tardiness. Harland Creal admitted reporting to work 45 minutes late one afternoon in May 2005, but said his supervisor reprimanded him on the showroom floor and then became angry and orally abusive …

Consider ADA, discrimination, validity issues when using personality tests

12/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

An e-mail from the EEOC? Don’t be so sure; Agency warns of phony ‘Trojan horse’ virus

12/01/2007

Corporate HR offices across the country began receiving e-mails last month that appeared to be from the EEOC but were actually bogus—and potentially dangerous …

EEOC drives a stake into heart of age-Based retirement policies

12/01/2007

Does your organization have a policy requiring employees to retire (or step down to a lesser position) once they hit a certain “unbecoming” age? If so, a groundbreaking $27.5 million EEOC settlement shows that you’d better retire those policies … not the people …

How to successfully manage FMLA intermittent leave

12/01/2007

The U.S. Labor Department, the agency that administers the Family and Medical Leave Act, recently collected 15,000 public comments on the law’s effectiveness. A top employer complaint: productivity problems caused by employee use (and abuse) of intermittent leave. Managing intermittent leave can be vexing, but the law does give employers some tools to combat FMLA leave abuse …

Going paperless: Can personnel records be electronic?

12/01/2007

Q. We’re drowning in paper and would like to go paperless. Can we create strictly electronic personnel and payroll records? — T.P., Indiana …

Can we dock pay if worker exceeds sick-Leave limit?

12/01/2007

Q. A salaried employee used all his vacation and sick time. He’s allowed 21 days and so far has used 22 this year. He wants to take more vacation in December and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? — R.E., Pennsylvania …