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Employment Law

Transfer away from alleged harasser may be an ADA reasonable accommodation

02/04/2016
Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability.

Boss’s affair with someone else is no basis for third party’s bias or harassment suit

02/04/2016
The fact that a supervisor may favor a subordinate with whom he is romantically linked doesn’t justify a sex discrimination or harassment lawsuit by someone who isn’t involved in the affair.

When ‘continual violation’ may exist, courts allow harassment claims dating back decades

02/04/2016
Here’s something to remember if you find that an employee’s sexual harassment allegations have been swept under the rug, unresolved and ignored.

FMLA case: Your hands could be tied for years

02/04/2016
A federal court has issued an injunction preventing an employer from firing a worker seeking to take FMLA leave until the litigation ends. That could take years.

True or False: You know a lot about sexual harassment in the workplace

02/04/2016
Sexual harassment costs workplaces hundreds of millions of dollars annually in lost productivity and legal liability. Beyond the dollar figures, companies struggle with the bad PR that comes with it, and individuals must endure the shame.

Home builder pays $45K to resolve sex bias suit

02/03/2016
A Virginia home-building company dragged its feet when a qualified female employee sought to be promoted to a purchasing manager, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission.

Age bias: Prepare to justify every termination

02/03/2016
If you decide to terminate an older employee and hire a younger replacement, assume that you will be sued for age discrimination.

Beware blanket ban on religious expression

02/02/2016
Employees have a right to reasonable accommodation of their religious practices. That means employers must try to find ways for employees to exercise their beliefs unless doing so would be an undue burden.

Final OT rule due in July, effective 60 days later

02/01/2016
If you’ve put off planning for the big overtime law changes, it’s time to take action. The final version of the DOL’s revisions to the white-collar exemption rules will be released in July.

Supreme Court skeptical about required union dues

02/01/2016
Organized labor had what appeared to be a bad day in court Jan. 11 when the U.S. Supreme Court heard oral arguments in a case that asked whether government employees can be required to pay union dues if they object to the union’s political activities.