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Employment Law

“Confederate Southern-American” isn’t a protected class.

03/01/2005
It’s illegal to discriminate in hiring, firing, promotions or pay because of a person’s national origin. Courts have said national origin must refer to a country where the person was born …

Hair samples are a legitimate method of drug tests.

03/01/2005
A police department ordered one if its officers to provide a hair sample for a drug test after it suspected him of using cocaine. The test, which involved shaving a patch …

Keep applications clean; jotting notes may trigger hiring-bias claims

03/01/2005
Don’t track applicants’ race, sex, religion, age or national origin information on their applications or any other pre-offer documents unless you’re required to do so under certain affirmative-action laws. And if …

More reason to crack down on disability-related jokes and teasing

03/01/2005
When training supervisors, stress that they must work harder to prevent workplace intolerance toward employees with physical or mental impairments.
Reason: More courts are allowing employees to use
the …

When handing out discipline, make punishment fit the crime

03/01/2005
Managers may want to “get tough” on employees who have given them trouble in the past. But, as the following case shows, employees can sue for retaliation if they can prove …

Don’t impose grooming rules that weigh heavier on one gender

03/01/2005
Courts usually allow you to set grooming policies or appearance standards, particularly for employees who deal directly with customers. Just make sure you apply your rules evenhandedly across your work force. …

Remind managers to prevent ‘off-the-clock’ work

03/01/2005
Telecom giant Cingular settled a Labor Department audit last month by paying $5.1 million in back wages to more than 25,000 customer-service reps and agreeing to create a new time-reporting review …

New motivation to complete your EEO-1 paperwork

03/01/2005
If you’re required to file an annual EEO-1 form, don’t let the task slip: The EEOC can get tough with companies that shrug off this duty. Example: The EEOC filed a …

Make privacy a cornerstone of your culture

03/01/2005
Confidentiality can quickly become a legal issue in many workplace decisions and activities.

FMLA certification: Collect medical-leave proof the right way

03/01/2005
THE LAW. The FMLA lets eligible employees take up to 12 weeks of un-paid, job-protected leave each year for their own “serious health condition,” or if the employee is caring …