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Employment Law

Court: Years alone won’t define ‘significantly younger’

06/03/2013
When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.

Dodge bogus retaliation suits by tracking exact date of every discrimination claim

06/03/2013
Here’s an important reminder for anyone who is authorized to receive internal discrimination complaints: Always mark the exact date of every complaint in case the complaint is used later as the basis for an employee’s retaliation claim.

OK to punish supervisor harasser more harshly than co-worker harasser

06/03/2013
Supervisors can and should be held to a higher standard when it comes to enforcing workplace rules. That includes punishing a supervisor who harasses a subordinate more harshly than a co-worker who harasses a colleague.

With promotions on the line, beware rivalries that could result in sex bias, harassment

06/03/2013
Here’s a twist in discrimination law that you might never consider. If a co-worker rivalry for an open position includes threats by one worker to quit if the other is promoted and the rivalry is based on sex bias, you may face a lawsuit if you accede to the threat. That’s what happened in one recent case that made its way to the 5th Circuit Court of Appeals.

Worker death means prison for former company president

06/03/2013
A former Port Arthur chemical company president has pleaded guilty to occupational safety crimes in federal court. The former head of Port Arthur Chemical and Environmental Services admitted to violating OSHA by allowing a driver to haul a load so toxic it killed him.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

New FMLA regs in effect: Update your military leave policy

05/31/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the U.S. Department of Labor.

Construction firm nailed for worker misclassification

05/31/2013
Freeman & Associates Contracting, a Raleigh construction firm, has agreed to pay four workers $20,000 in back wages after U.S. Department of Labor investigators determined the workers were improperly classified as independent contractors.

Employer pulls job offer, attracts ADA lawsuit

05/31/2013
The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.