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Employment Law

Leaving spot vacant won’t erase promotion bias

02/01/2001
Branford Dodoo, an African-American, was continually passed over for advancement at his place of employment. In one case, a promotion went to a younger white male who had been with …

Employee is covered under ADA if you perceive him to be disabled

02/01/2001
After downing at least nine beers during and after a company dinner, which followed a training program, Ray Zakaras spoke freely about his objections to the program and made rude comments …

Avoid equal pay suit by comparing employees’ duties, not titles

02/01/2001
Laurie Howard was promoted from secretary to HR coordinator for a United Technologies Automotive plant with 53 employees, all on salary. The head of the plant recommended she be promoted …

Inability to work overtime doesn’t mean worker is disabled

02/01/2001
As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have …

Good planning limits fallout from FMLA misunderstandings

02/01/2001
Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a “key employee” under the Family and Medical Leave …

Having a good business reason trumps speculation

02/01/2001
After Gary Rowe had a kidney transplant, his medication was costing his employer more than $1,000 a month, and his supervisor frequently asked about his condition. When that supervisor had to …

Fear of snakes doesn’t qualify as a disability

02/01/2001
After a hospital switchboard operator heard that a snake had been seen in her workplace, she became hysterical and took leave for several months. When she returned, she was transferred to …

Keep your word: Reversing oral job offer can result in fraud claim

02/01/2001
Charles Cohen says he walked out of a job interview with an oral offer for a new job with an e-business service provider, a company that did work for his current …

High Court to review cap on damages

02/01/2001
The U.S. Supreme Court has agreed to hear a case that could hold down awards in workplace discrimination cases. At issue is whether a $300,000 cap on compensatory damages that …

Legality of arbitration depends where you are

02/01/2001
Before you require employees to arbitrate claims against you, find out whether it will stand up in court. A federal court in California recently barred a law firm from requiring …