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Employment Law

Supreme Court drops pivotal age case

05/01/2002
Can employees file age-discrimination lawsuits based on the fact that a company’s action, while not discriminatory on its face, has an unfair impact on workers over age 40? In a handful …

‘Past-tense’ pregnancy isn’t enough

05/01/2002
A federal district court tossed out a case brought by an office manager who claimed she was harassed during her pregnancy and fired eight months after she returned to work. Reason: …

EEOC lifts controversial ADEA link to retiree benefits

05/01/2002
Bowing to criticism from employers and employee groups, the EEOC has officially rescinded its policy of applying the Age Discrimination in Employment Act (ADEA) to employer-sponsored retiree health benefit plans. …

FMLA recordkeeping hassles costing businesses big bucks

05/01/2002
Complying with the information-collection requirements of the Family and Medical Leave Act (FMLA) costs large- and medium-size employers an average of $825,000 annually, says a recent survey by the Employment …

Examine your promotion policy for reverse discrimination

05/01/2002
Reason: In a closely watched case, a federal court struck down the U.S. Army’s officer promotion process on the grounds it discriminates against white men. The policy notes past discrimination against …

Supreme Court: Illegal workers aren’t due back pay

05/01/2002
Immigrants who work in the United States illegally can’t claim the same rights to restitution as U.S. citizens when they are mistreated on the job, the U.S. Supreme Court ruled last …

Employee’s resignation stops your FMLA obligation

05/01/2002

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before her resignation. Are we under any obligation to return her to a position she resigned from? Are we obligated to offer her a job when FMLA expires? —T.K., Massachusetts

FMLA Won’t Cover Tardiness

05/01/2002

Q. Some of our employees routinely ask to use FMLA when they are five, 10 or 15 minutes late. It creates a scheduling nightmare and hurts morale. Does FMLA cover employees who are consistently tardy for work? —M.P., Florida

Post Job Openings In-House

05/01/2002

Q. We rarely post high-level management jobs internally. Must all jobs be posted internally so that someone can’t file suit claiming “pre-selection” or that he never had a chance to apply? —K.L., California

Vacation Accrual Isn’t Required During FMLA Leave

05/01/2002

Q. I’m under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we’re not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin