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Employment Law

Perform ‘spot check’ for offensive pictures, calendars

09/01/2003
The EEOC recently slapped a Pennsylvania steel plant with a sexual harassment lawsuit. The alleged crime? It “condoned sexual harassment” by allowing some employees to post erotic pictures, posters and calendars …

‘Free speech’ no protection to workers

08/01/2003
The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display …

Never assume a pregnant employee is unable to work; ask questions

08/01/2003
Under the Pregnancy Discrimination Act (PDA), you can’t fire a pregnant worker simply because of her condition. Nor can you force her to take leave as long as she’s physically …

Allow applicants to answer negative background-check results

08/01/2003
It’s true that your company could be held liable if it rejects an applicant based on inaccurate data in his background check. But don’t stop doing background …

ADA UPDATE

08/01/2003
A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position …

Don’t change benefits without union’s knowledge.

08/01/2003
For more than 30 years, a company sponsored blood donation drives twice a year. Employees could participate during paid work time. But when the com-pany changed its policy, …

Pay for ‘donning, doffing’ time but not for time spent waiting

08/01/2003
As shown by a few recent high-profile court cases, employees should be paid for time spent at the workplace putting on and taking off required work clothes and equipment …

Fact: Employers win large majority of ADA cases

08/01/2003
The American Bar Association’s latest survey of ADA employment discrimination cases says companies prevail 94.5 percent of the time in court and 78.1 percent of the time in administrative complaints …

Big settlement over dress code will spark scrutiny of uniform law

08/01/2003
Avoid dress-code rules that have no clear business reason or health and safety reason, plus check with your state labor department to see if your state has a pay-for-uniform …

Encouraging diversity: Lessons from Supreme Court’s affirmative-action rulings

08/01/2003
The U.S. Supreme Court’s pivotal rulings in the University of Michigan affirmative action cases this summer provide some direction on how far employers can go …