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Employment Law

Workers’ religious beliefs don’t trump your need for a bias-free workplace

03/01/2004
Employees are clearly entitled to their own religious beliefs. But your organization doesn’t need to bend the rules to allow those beliefs to interfere with the rights of other employees.

Small organizations: Prepare for looming HIPAA deadline

03/01/2004
Last year, the federal Health Insurance Portability and Accountability Act (HIPAA) required organizations that sponsored large health care plans (more than $5 million in premiums or claims) to start complying with …

Major revision planned for ADA’s access rules

03/01/2004
In January, a government panel approved the first major update of Americans with Disabilities Act (ADA) regulations since 1991. That move revises the ADA’s Accessibility Guidelines, which govern how organizations must …

How to prevent growing risk of ‘negligent supervision’ suits

03/01/2004
Thorough background checks can help you defeat any negligent hiring claim.
But what if applicants’ background checks come up clean, yet they begin displaying troublesome behavior at your workplace. In …

E-mail/Internet use: You have power to set, enforce policy

03/01/2004
THE LAW. Don’t believe employees’ claims about their desktop privacy. Current laws give your organization wide latitude to monitor and restrict employees’ use of e-mail, the Internet and other computer …

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Supreme Court protects age-related benefits

03/01/2004
Issue: A key new ruling says your organization can offer benefit packages designed specifically for older employees. Benefit: More flexibility to set employee perks; eliminates the fear of “reverse” age …

Misconduct is the key to enforcing your ‘no rehire’ policy

03/01/2004
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don’t have to rehire people who are …

Age-bias: Six-years-or-less difference destroys claim

03/01/2004
A 54-year-old supervisor’s management duties were handed to a 48-year-old employee. The supervisor sued under the Age Discrimination in Employment Act. A federal appeals court tossed out the case. Reason: The …