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Employment Law

OFCCP rocks Lund’s boat, charges gender discrimination

01/12/2012
The federal Office of Federal Con­­tract Compliance Programs is suing New York Mills-based Lund Boat Co. and parent company Bruns­­wick Corp., alleging discrimination against women in its hiring practices.

Beware liability if no-hire decision was based on politics

01/12/2012
Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.

Paying women less, hoping for the best is recipe for Equal Pay Act disaster

01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

It’s good faith that matters: Minnesota whistle-blowers don’t have to be right

01/12/2012

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

New EEOC task force aims to help small businesses

01/12/2012
The EEOC has established a small business task force to improve its outreach to small businesses that may not have access to expert legal advice or a staff of experienced HR professionals. The goal: Ensure small-business owners know how to comply with federal anti-discrimination laws.

Miami ADA case could lead to Supreme Court hearing

01/12/2012
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.

Strict attendance policy is fine if followed consistently

01/12/2012

Some jobs require employees to always show up on time. Nursing homes, day care centers, hospitals and the like are obvious examples. Draconian attendance policies may be necessary to ensure coverage. As long as they allow for FMLA leave and consider reasonable accommodations for disabled workers, such rules are fine.

Reassignment to new position might be retaliation

01/12/2012
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.

Employees lose claim they were targeted for discomfort due to age

01/12/2012
Employers that make it difficult for employees to take breaks or keep a regular schedule may face resistance—and legal claims from disabled workers who need accommodations. But they don’t have to worry about lawsuits from older workers who claim the lack of breaks is age discrimination.