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Employment Law

EEOC action spurs longer recordkeeping

04/01/2006

If you think that you can forget about a discrimination dispute just because the employee doesn’t file an EEOC complaint within the allotted time, you may be in for a surprise. As a new court ruling shows, the EEOC can sue your organization years, or even decades, after the alleged discrimination took place …

Clarify reasons for differences in employees’ pay

04/01/2006

When it comes to compensation systems, KISS is the rule. If you keep your pay system simple, you’re less likely to have to explain yourself in court, as the following case shows …

Beware Discrimination Risks of Promoting ‘Acting’ Supervisors

04/01/2006

Although it may be tempting to let unproven employees "try out" a promotion to see if they’ll work out, be careful of the hidden legal risks. If you treat the acting supervisor differently than other promoted employees, you could end up on the wrong end of a discrimination suit …

It’s your duty, not just workers,’ to suggest accommodation ideas

04/01/2006

When a disabled employee requests accommodation to help him or her perform the job’s essential functions, don’t just knock the ball back into the employee’s court by saying, "What do you want us to do?" It’s up to you to actively help look for solutions …

Train Supervisors to Avoid Double-Meaning Words

04/01/2006

A federal jury has awarded a Tyson Foods supervisor $1 million, illustrating again that preventing racial discrimination is much cheaper than trying to litigate your way out of a preventable lawsuit. Take this opportunity to remind managers that what they say does matter.

Be Aware of Little-Known Contract-Bias Law … and Its Limits

04/01/2006

If your organization signs contracts for goods or services, it’s important to educate yourself on a little-known federal law that can easily trip you up: the "Section 1981" law …

Small Employers: Introduce the ’15-Employee Threshold’ Defense Early

04/01/2006

The federal job anti-discrimination law (Title VII of the 1964 Civil Rights Act) applies to employers with 15 or more employees. So, if you have fewer than 15 workers, you may think you’re automatically immune from such suits. Not so fast, says a new Supreme Court ruling …

More reason to beef up training: ‘Quit and sue’ becoming the norm

04/01/2006

Don’t assume that you can handle sexual harassment issues after they arrive on your desk as a complaint. The trend these days seems to be "quit and sue," rather than giving employers a chance to fix the problem. And, in many cases, employees are finding success in such tactics …

Don’t Let Healthy Worker Play the ‘Disabled’ Card; Know Your Rights

04/01/2006

You probably know the type: the employee who stirs the pot of discontent whenever possible. And just when you’re about to levy discipline, the person pulls out the "get out of jail free" card and tells you about some imagined disability that needs accommodation …

Overtime court battles on the rise and expected to continue

04/01/2006

Rather than calming the turbulent legal waters, the revamping of the federal overtime laws in 2004 has churned up even more disputes and lawsuits …