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Employment Law

Check state law before asking about convictions

04/01/2000

Q. Our employment application asks whether the candidate has been convicted of a felony. Is it legal for us to ask this? If so, can we ask what the applicant has been convicted of and can that information be used as a basis for not hiring an individual? —C.H., Arizona

Don’t Ban Breast-Feeding if You Allow Baby at Work

04/01/2000

Q. Can we legally prohibit female workers from breast-feeding at work? —R.B., California

Older replacement won’t erase age bias claim

04/01/2000
After a financially strapped hospital turned over its collection and registration duties to an outside vendor, four female workers over age 40 lost …

Firing can’t masquerade as a one-person rif

04/01/2000
Elizabeth Bellaver, a manager at a manufacturing plant, consistently earned excellent job evaluations. But her supervisor noted problems with her …

‘Direct threat’ no longer required to bar former substance abusers

04/01/2000
After the 1989 Valdez oil spill cost it billions of dollars, Exxon tightened its policy on recovered substance abusers. It permanently removed any employee who had been …

To the winner goes … the loser’s legal bill

04/01/2000
Houston police officer David Garcia was denied a transfer to the city’s SWAT team even though his evaluations ranked higher than three of the four officers selected. One reason Garcia …

Failure to document disability nixes employee’s ADA protection

04/01/2000
When United Parcel Service (UPS) grounded pilot Gary Walsh, he agreed that he shouldn’t be flying. A recent car accident had affected his memory …

Straight talk, business reasons help shoot down bias lawsuit

04/01/2000
Vendors, customers and employees had complained about Jane Sturdivan, a 59-year-old office manager. But her fate was sealed when a 24-year-old office accountant …

Seinfeld jokester loses award

04/01/2000
If you were stunned when a jury awarded $26.6 million to Jerold Mackenzie for wrongful discharge after he was fired for discussing a sexual innuendo …

Workers at smallest firms using ‘public policy’ loophole to file suits

04/01/2000
If you operate a small business, don’t take it for granted that you’re immune from state discrimination laws. It’s true that state anti-bias laws don’t apply …