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Employment Law

Patience pays off when handling absenteeism

08/11/2016
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.

Short reassignment delay is generally OK

08/11/2016
Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

DOT safety certification trumps ADA protection

08/11/2016

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

EEOC sues over firing of HIV-positive worker

08/11/2016
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.

Subway pact raises joint employer concerns

08/11/2016
A voluntary agreement signed on Aug. 1 between the Department of Labor and Subway—in which the sandwich chain pledges to force its franchisees to comply with wage-and-hour laws—is raising eyebrows among business advocates.

EEOC calls for better anti-harassment training

08/11/2016
The EEOC wants employers to double down on their workplace harassment prevention efforts.

Never pull job offer because of pregnancy

08/11/2016
The EEOC could well take the lead role in such a case—and it can throw almost unlimited legal and financial resources into its effort to beat you in litigation.

EEOC issues guidance on leave as a reasonable accommodation

08/10/2016
Here are the key points of the guidance, which was prompted by a disability discrimination spike.

Horseplay or harassment? Use common sense

08/10/2016
Employers sometimes have to make judgment calls: Is that misbehavior plain old horseplay … or a serious case of sexual harassment? The difference often comes down to context.

Federal contractors must comply with new rules on sex bias

08/09/2016
The Office of Federal Contract Compliance Programs’ revised rules take effect today.