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Employment Law

Get tough on horseplay, banter; courts will

09/01/2003
You’ve got a new reason to take a harder line on sexual banter and crude antics in the workplace. One of the most conservative courts of appeal sent a clear message …

Involvement, not psychic ability, is your duty under the ADA

09/01/2003
When it comes to establishing “reasonable accommodations” for disabled employees, the Americans with Disabilities Act (ADA) puts the burden squarely on employees’ shoulders to speak up about their needs for accommodation. …

To claim religious bias, worker must first voice need for accommodation

09/01/2003
A person’s religion is not like his sex or race, something obvious from a glance. That’s why Title VII imposes a duty on workers to provide fair warning of any employment …

Too small for FMLA? Think again; you may be an ‘integrated employer’

09/01/2003
If your company has fewer than 50 workers, yet is somehow linked to another employer or location, you may incorrectly believe that you don’t need to comply with …

You have new ammunition against ‘Collective action’ overtime lawsuits

09/01/2003

When slapped with a pay-related lawsuit, the last thing you want is for other employees and ex-employees to piggyback on that suit, creating a big "collective action" case. Good news: AA new court ruling highlights a successful defense against such suits …

Spot check your workplace for offensive material

09/01/2003
The EEOC is suing a Pennsylvania steel plant for condoning sexual harassment by allowing offensive pictures, posters and calendars in the office. The lawsuit claims a shipping clerk and other female …

Secondhand smoke leads to multimillion-dollar penalty

09/01/2003
If your workplace still allows smoking, consider this: A New York jury awarded $5.27 million to a sales director of a modeling firm who claimed that secondhand smoke subjected her …

Dump strict language policy; EEOC cracks down

09/01/2003
If your company requires employees to speak English at all times (even lunch hours and breaks), drop that policy now. Such broad English-only rules violate Title VII.
And even if …

FMLA doesn’t apply to workers who try to deceive you

09/01/2003
If you discover that one of your employees has either misused or lied about his leave under the Family and Medical Leave Act (FMLA), you’re well within your rights to fire …

EEOC proposes age-bias exemption for retiree health plans

09/01/2003
In an effort to stem the tide of companies discontinuing health benefits to retirees, the EEOC has proposed ex-empting retiree health plans from the Age Discrimination in Employment Act (ADEA).
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