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Employment Law

Infertility is considered a disability under ADA

11/01/2006

Employees who are infertile may qualify for reasonable accommodations under the ADA. That’s true even if the underlying medical condition that caused the infertility has been cured. As a result, you may be required to give infertile employees time off for fertility treatments and even adoption planning …

Ethnic name isn’t a ‘Head-Start’ to bias claim

11/01/2006

Employees whose names people associate with a particular religion, origin or ethnicity can’t automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case …

Race-Based assignment isn’t always discrimination

11/01/2006

It’s typically not wise to assign employees to working groups based on race, sex or any other protected characteristic. But you won’t always be liable for discrimination in such cases. Just make sure you have a valid business-based reason for doing so, and then apply that policy consistently to affected employees …

Car pooling isn’t paid time unless employer requires it

11/01/2006

Employees’ typical home-to-work commutes are not compensable time, and that doesn’t change just because employees meet up at a designated place and take a car pool or van pool to work …

Don’t fear that settling a lawsuit will affect later case

11/01/2006

If you’re reluctant to settle an EEOC case out of fear that it will set a precedent for other claims made against your organization, here’s a piece of good news: An employee can’t base a discrimination claim on a settlement that you reached with another employee …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Minimum wage plays big role in state elections

11/01/2006

This month’s elections may see more states adopt minimum-wage increases as they tire of waiting for Congressional action. After the ballots are counted, more than half of the states could be sitting on minimum-wage levels above the federal $5.15 per-hour threshold …

More states require insurance firms to cover certain medical tests, treatments

11/01/2006

Despite calls for a moratorium on such mandates, state legislatures continue to require that insurance companies cover specific tests and treatments, which leads to increases in employer health premiums …

NLRB ruling spells end of union eligibility for millions

11/01/2006

In recent years, unions have pushed to organize well-compensated professionals. In response, employers have argued that those professionals form part of the management team and, therefore, are not eligible for union representation. Last month, the employers’ view won out …