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Employment Law

Not all ADD, ADHD diagnoses qualify as protected ‘disability’

01/01/2004
Unfortunately, the Americans with Disabilities Act (ADA) doesn’t come with a laundry list of conditions that qualify as disabilities. So what about attention deficit disorder (ADD) or attention deficit hyperactivity disorder …

You can set ‘no rehire’ policy for workers fired for misconduct

01/01/2004
The Supreme Court last month handed employers more power to set and enforce policies that deny rehiring to employees fired for misconduct. The court said such “no-rehire” policies are valid reasons …

Is quitting the same as being fired?

01/01/2004
The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as …

When facing a bias lawsuit, avoid these three dumb defenses

01/01/2004
Your organization can defend itself against race discrimination lawsuits in many ways, but a recent ruling illustrates how three excuses will flop in court …

Don’t punish staff for off-site political comments, but at work, it’s your call

01/01/2004
As the calendar turns to an election year, here’s a good point to remind managers: Don’t retaliate against employees or applicants simply because of their off-duty political activities and comments …

New discrimination risk: Short versus tall applicants

01/01/2004
A new, well-publicized study could raise skepticism, and potential legal complaints, by shorter employees about your pay practices.
Taller employees earn more money and promotional opportunities, says the University of …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Labor readies final overtime rule; Congress steps out of the way

01/01/2004
Opponents in Congress recently dropped their opposition to the Labor Department’s proposed rules that redefine which employees qualify for overtime pay.
That clears the way for Labor to release the …

Hidden risk: Do your staff committees violate labor law?

01/01/2004
Consider these two scenarios:
1. At the suggestion of a project manager, your organization starts an employee committee to provide workers a voice in safety issues. Management and the safety …

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida