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Employment Law

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Intentional bias can spur court to install applicant into job.

07/01/2004
A school district hired a man rather than Geraldine Fuhr as varsity boys head basketball coach. While the man had two years of experience, Fuhr had been the varsity girls head …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

Stereotype about motherhood, by itself, can count as bias

07/01/2004
Remind managers never to base employment decisions on how they believe employees would act based on their gender, race, religion or disability. Make sure managers focus solely on the performance itself, …

Don’t let employees bully you into dictating their employment terms

07/01/2004
You don’t need to let an employee set a bad example by trying to force concessions from you that aren’t required in a collective-bargaining agreement or employment contract. Turn the tables …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …

Beware legal pitfalls of rehiring ex-workers, laid-off staff

07/01/2004
If your organization pared back during the economic slide, you may be joining other employers that are rebuilding their staffing levels.
More employers expect to pick up the hiring pace …

Rethink exemption status of traveling sales rep

07/01/2004

Q. We employ sales and service reps who travel and service stores around the country. They work from their home offices, use their own cars and communicate with us via phone. We classify them as exempt. Is this correct? (Most reps are required to spend at least eight hours at each location. Some drive three hours or longer to get to each store. We encourage overnight stays under these circumstances.) —L.C., Oklahoma

Pay attention to rising complaints of ‘same-race’ bias

07/01/2004
Issue: Courts are seeing a spike in discrimination claims involving people of the same race.
Risk: Some supervisors wrongly ignore same-race complaints, believing, for example, that “blacks can’t discriminate against …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …