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Employment Law

Woman has affair, quits and then loses sex discrimination case

09/01/2007

The course of true love, at least in the workplace, runs straight to the courtroom. But Floor Covering Associates of Joliet received a reprieve recently when the 7th Circuit Court of Appeals upheld a district court verdict in its favor …

Lewd butcher kept on well past ‘Sell by’ date

09/01/2007

Jewel Food Stores settled a sexual harassment lawsuit with four female employees for $200,000, but the meat department manager who spawned the suit has had a surprising shelf life …

Caterpillar sues UAW over retiree health benefits suits

09/01/2007

Caterpillar Inc. has filed lawsuits to force the United Auto Workers (UAW) to pay for health care for retirees as agreed in union-negotiated contracts. Caterpillar says the UAW is backing two class-action lawsuits seeking free lifetime coverage for retirees and spouses, which the company says violates collective-bargaining agreements …

Firefighters claim Chicago suburb wanted black department

09/01/2007

Four white part-time firefighters have sued the village of Dolton for racial discrimination after the town’s fire department promoted two black firefighters to full-time positions over white candidates with better qualifications. The plaintiffs claim Dolton Fire Chief Jerry McCullough told them, “If you’re not black, you’re not getting hired.” …

Attorneys’ fees may be due even if employees collect nothing

09/01/2007

It was a good case for the lawyers anyway. Demonstrating just how expensive an ADA case can be, a federal appeals court ordered fees to be paid to the attorneys who brought a class-action ADA case against Rent-A-Center. The case involved the company’s use of the Minnesota Multiphasic Personality Inventory test to screen out applicants and employees with low scores …

Employers, employees affected as Illinois adopts smoking ban

09/01/2007

Citing the toxicity of secondhand smoke, Gov. Rod Blagojevich signed Senate Bill 500, the Smoke-Free Illinois Act, into law on July 23.  The law takes effect Jan. 1 and requires employers to provide smoke-free workplaces for all employees. The new state law does not mean employers can ignore local anti-smoking ordinances. Municipalities may still enact smoking bans that are tougher than state law, but all Illinois jurisdictions must meet the new state standards when the law takes effect …

Keep written records showing discipline rationale

09/01/2007

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline …

Providing more leave than required? You can legally cut back

09/01/2007

Some employers offer more than the 12 weeks’ unpaid leave annually that the FMLA grants to eligible employees who need to care for themselves or close family members who have a serious health condition. But that doesn’t mean they have to keep doing so. It’s OK to change your leave policy to the legal minimum and then start disciplining employees who exceed the FMLA allotment …

Detailed investigations help distinguish punishments

09/01/2007

If you have a disciplinary policy that dictates punishment for different infractions, make sure you thoroughly investigate each incident. That way, you’ll be better prepared to show why one employee received a lesser punishment than another. That rationale is crucial when it comes to a discrimination lawsuit. You must be prepared to show how thorough your investigation was and why you did what you did …

Manager’s careless comment on accent shows discrimination under ELCRA

09/01/2007

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), it’s direct evidence of discrimination if a supervisor or manager with hiring or firing power makes comments about an applicant’s or employee’s foreign accent. That’s why it’s crucial for HR to remind managers and supervisors to watch what they say …