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Employment Law

Did the 6th Circuit just approve a claim for benign discrimination?

07/12/2012
In Litton v. Talawanda School Dis­­trict, a demoted and transferred custodian sued his employer for age and race discrimination. In Litton, did the 6th Circuit unwittingly create a cause of action for benign discrimination? Or, is this case an aberration that future courts will distinguish and disregard?

Republic Steel reaches safety accord with OSHA

07/12/2012
Canton-based Republic Steel has agreed to settle outstanding training and safety issues discovered in the aftermath of a worker’s fall in 2010.

Say what?! OSHA fines Kamps for hearing hazards

07/12/2012
Presumably, Kamps Pallets heard from OSHA via nonverbal means. The company’s plant in Versailles faces fines for 10 OSHA violations after inspectors discovered conditions so noisy that workers’ hearing was endangered.

Retaliation can stick even if underlying complaint doesn’t

07/12/2012
Employees who report harassment are protected from retaliation, even if the underlying complaint lacks merit.

Document decision-making criteria before choosing who stays and who goes in RIF

07/12/2012

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

Afraid you miscalculated FMLA eligibility? Act immediately to correct your mistake

07/12/2012

The FMLA is difficult to administer, especially now that it has been amended to include additional time off in connection with military service. Plus, new FMLA regulations make more workers eligible for leave if they care for a child. Rest assured that if you promptly fix an innocent mistake when it’s brought to your attention, you won’t be automatically liable for FMLA interference.

Changing compensation systems? Here’s how to avoid age discrimination claims

07/12/2012
If you are contemplating changing your compensation structure to reflect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some employees for the work they do. The problem: Older, more experienced workers may be at the top of your pay scales.

One innocent interview question that could land you in court

07/12/2012

Do you ask applicants what year they graduated from high school or college (or otherwise finished their education)? Does your application re­­quest that information? Watch out!

In Chicago school: ‘Teachable moment’ or racism?

07/12/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.” The teacher used the epithet after he caught students passing a note containing rap lyrics that included the word.

New tool: Online database of consent decrees

07/10/2012
As part of negotiated settlements or court judgments, employers often sign off on “consent decrees” in which they agree to take (or stop) a certain action or pay damages. The Labor and Employment Law Program at Cornell University has unveiled an online repository of consent decrees, searchable by type of claim.