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Employment Law

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.

Report alleges state didn’t investigate hospital head

04/12/2012
The state Department of Human Services failed to check educational and employment references for the director of the state’s largest mental hospital, according to a report by Minnesota Public Radio.

USERRA doesn’t require veteran’s preference

04/12/2012
USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.

Menorah House sees the light

04/11/2012
A Boca Raton nursing facility, Menorah House, has agreed to settle a religious discrimination suit filed by two former employees after management stopped accommodating their religious needs. The two employees were Seventh-Day Adventists, who do not work from sundown Friday to sundown Saturday.

Don’t treat pregnancy-related absences differently than other medical absences

04/11/2012
If you provide additional leave or special arrangements for someone recovering from a heart attack or broken leg, you must provide them for a pregnant employee, too. Otherwise, you may be violating the Pregnancy Discrimination Act.

Shopping for FMLA certification doesn’t justify failing to call in absence

04/11/2012
Employees may need some time off to get their FMLA serious-health-condition forms certified. But that doesn’t mean they can stop showing up for work and ignore company call-in requirements during that time.

Not sure employee is eligible for FMLA leave? Play it safe and assume she is

04/11/2012
Once a supervisor or manager has reason to believe an employee may qualify for FMLA leave, the company is obligated to investigate. Ignoring that obligation can be a big mistake.

Boca Raton gas station draws ire for alleged religious bias

04/11/2012
It’s not just discrimination against workers that gets employers in trouble. Bias against customers can land them in hot water, too.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Nasty racial bias: Would you like fries with that?

04/11/2012
Does your computer system allow employees to write notes about customers? Do your employees think the customers will never see those notes? That’s a recipe for a disaster, as a California restaurant found out.