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Employment Law

Manager using slurs? Quick discipline limits your damage

07/24/2015
What should you do if you receive reports that a manager has uttered offensive slurs?

New boss is tougher on employees? That’s not bias without other evidence

07/24/2015
Does the arrival of a tougher scoring supervisor also mean extra liablity? Not necessarily, as a recent case shows.

Having a casual FMLA and sick leave policy can lead to formal charges

07/24/2015

It may be disruptive and expensive to provide an employee with up to 12 weeks of FMLA leave and continue to cover your share of an employee’s health insurance premiums. But ignoring your FMLA obligation—or trying to find creative ways around it—can be even more costly to your organization. Consider this recent Pennsylvania case in which the employee ended up losing her medical coverage during a health crisis. The employer has now been ordered to pay the employee’s medical bills directly.

Fully recovered employee isn’t disabled

07/24/2015

An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.

When a worker’s pace slows, can we ask if it’s health-related?

07/24/2015
Q. We have an experienced employee who is not working at an acceptable pace. We need to address his speed, but we’re concerned he may have medical issues. Can we ask him about his health? — Anonymous, Illinois

Hijab case dismissed after 7 years, Supreme Court ruling

07/23/2015
A federal appeals court on June 20 dismissed Abercrombie & Fitch’s appeal of an EEOC religious discrimination lawsuit that the Supreme Court addressed in June.

Are we legally required to stop bullying?

07/22/2015
Q. We have been hearing so much in the news about workplace bullying. In Minnesota, are employers legally obligated to prevent or stop mean behavior in the workplace?

Is co-worker resentment a reason to turn down ill worker’s telecommuting request?

07/22/2015
Q. One of our employees requested that we accommodate his health condition by allowing him to occasionally work from home. We are concerned that this arrangement will cause his colleagues to become disgruntled. May we deny the request for this reason? If not, what information may we share with the employee’s colleagues so that they are more understanding of the situation?

Medical marijuana will affect workplace policies and testing

07/22/2015
On July 1, 2015, medical cannabis became lawfully available under Minnesota’s Medical Marijuana Law (MML). The MML’s employment protections are more extensive than those offered in any other state legalizing medical marijuana use. Legal compliance will be challenging, making it important for employers to know what constitutes protected use and to understand the MML’s effect on testing programs and substance abuse rules.

Finance firm faces EEOC suit alleging transgender bias

07/22/2015
The EEOC has sued Shoreview-based Deluxe Financial Services Corp. for sex discrimination because of the way it treated a transgender employee. According to the complaint, an employee at a company office in Arizona performed her job satisfactorily for many years, but was insulted and criticized once she began presenting as a woman.