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Employment Law

Prepare for the ADA long haul: Disability accommodation isn’t a one-time event

06/28/2012

Disabled employees who need reasonable accommodations are entitled to what the ADA calls the interactive reasonable accommo­­dations process. What exactly that means varies by the individual and may change over time. Employers that consider the interactive process as a one-time thing may end up in court.

Pennsylvanians filed slightly fewer EEOC charges in 2011

06/28/2012
Pennsylvanians filed 4,302 EEOC discrimination and retaliation complaints in fiscal year 2011—406 fewer than in 2010 but still up sharply from the 3,448 complaints filed in 2009.

Warn bosses: Don’t discuss bias complaints

06/28/2012

When employees face discipline (or fear they might be punished soon), they’ll often file a preemptive EEOC complaint. Then, when discipline comes down, they argue that it was in retaliation for complaining. To make such a case, an employee must show that the people involved in the discipline knew about the complaint. If they didn’t, there can be no retaliation.

Act fast on racist talk, before it poisons work

06/28/2012
Employers usually won’t lose a law­­suit over just one racially hostile incident unless it’s particularly severe. But it’s a spectacularly bad idea to ignore that first incident. Do your organization a favor: Crack down ASAP as soon as you learn of workplace racism.

Medical marijuana: ADA protection up in smoke

06/28/2012
A recent court ruling in California confirms that the Americans with Disabilities Act does not protect the right of disabled employees to use medical marijuana, even if it’s prescribed by a doctor. Reason: The ADA specifically notes that a person with a legally protected “disability” does not include someone who is currently using illegal drugs.

Courts want details–even from pro se litigants

06/27/2012

When employees represent themselves in court, their court documents are often woefully short on specifics. More courts are getting aggressive, quickly tossing out these pro se cases. That’s good news for employers.

EEOC closes complaint? The countdown begins

06/27/2012
When the EEOC closes a case and sends the employee a right-to-sue letter, the employee has just 90 days to file a federal lawsuit. The clock starts ticking the day he receives the letter.

Court: EEOC paperwork foul-up doesn’t cancel right to sue under N.C. law

06/27/2012
It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?

Thinking about shrugging off employee suit? Then think about writing a really big check

06/27/2012
Here’s a caution for employers tempted to ignore a wage-and-hour lawsuit: Do so and you might as well just admit to the employees’ allegations. All the court has to do is determine the damages—plus figure out how much in legal fees the employer owes the employees.

Set clear, easy-to-use processes so employees know about all promotion opportunities

06/27/2012

If you don’t regularly post your job openings and promotion opportunities, you are asking for trouble. Here’s why: Applicants and employees can sue if they believe they missed out on an opportunity—even if they never applied. That litigation blindside may force you to justify your hiring and promotion decisions long after you made them. And if you didn’t keep careful records, you may be in trouble.