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Employment Law

The hot lawsuits of 2014: Discrimination, harassment

10/01/2014
A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

Court: Don’t send FMLA notices via snail mail

09/30/2014
Typically, courts have recognized the “mailbox rule,” in which documents sent by regular postal mail are assumed to have reached the designated person. But a federal appeals court ruling is making employers question whether sending FMLA notices via regular mail is still acceptable.

Onboarding: How to prevent confidentiality breaches by new hires

09/29/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin.

Is an employee entitled to take FMLA leave to care for her hospitalized adult child?

09/26/2014
Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military.

Can we–should we–try to accommodate employee’s traffic anxiety?

09/26/2014

Q. One of our employees claims that traffic gives her anxiety and wants to alter her work schedule to avoid driving during peak travel times. It wouldn’t be a big deal but we’re afraid that if we do it for her, we will start to receive similar claims from other workers who have similar commutes. Do we have to accommodate her?

Be prepared when employees become whistle-blowers

09/26/2014
Legislators are creating new protections for those who report vio­lations to regulatory agencies.

Even courts can wind up in the EEOC’s cross hairs

09/26/2014
The Allegheny County Court of Common Pleas faces an EEOC age dis­crimination lawsuit after it dismissed a 70-year-old employee.

Boss’s stupid sexist comment may spur lawsuit

09/26/2014
Even a single comment can be enough to keep a sex discrimination case going—especially if the commentator happens to be a supervisor with firing authority.

Warn supervisors against comments on military service

09/26/2014
Here’s something to include in supervisory training sessions: Warn that negative comments about military service may put the employer on the defensive in the event the employee is terminated.

Inpatient treatment for alcoholism enough to prove disability to court

09/26/2014
Workers alleging disability discrimination generally have to show that they have a condition that substantially limits a major life function. But they don’t necessarily have to drag a doctor into court. They can prove a condition such as alcoholism by showing that they underwent inpatient treatment and suffered withdrawal symptoms while there.