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Employment Law

Cost of an age-biased layoff plan: $2.25 million

12/22/2021
If you are planning to terminate many employees in a reduction in force, be sure to assess the possible adverse impact the RIF might have on older workers—anyone age 40 or older.

Beware firing during employee’s FMLA leave

12/22/2021
Generally, employers are free to punish or terminate workers even while on job-protected leave like FMLA if they discover during that time away that the employee wasn’t doing his job. But there’s a caveat. You must be able to show the court that you would have done the same thing if the employee hadn’t taken leave

EEOC cracks down on pre-hire strength tests

12/22/2021
The EEOC is filing—and winning—lawsuits on behalf of female applicants who complained they lost out on jobs for which they were otherwise qualified because they failed a post-offer, pre-employment strength test.

Avoid constant questions about workers’ retirement

12/16/2021
When a 60-year-old HP employee got a new manager, the boss began to call him “uncle,” criticized his “old skills” and repeatedly asked when he was “going to retire.” After losing his job in a RIF, the employee sued for age bias.

When can FMLA be taken for care of sibling?

12/16/2021
The FMLA typically allows eligible workers to take up to 12 weeks of job-protected unpaid leave to care for the serious illness of a son or daughter. But it’s not just biological or adoptive parents who can qualify.

Offer paid suspension while you investigate allegations

12/16/2021
When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

EEOC explains covid-19 as an ADA disability

12/16/2021
The EEOC issued new guidance Dec. 14 clarifying when covid-19 may be considered a disability under the ADA. The guidance appears in a Q&A document broadly focused on covid and the definition of disability under Title I of the ADA.

$2 million verdict in ‘glass ceiling’ bias suit

12/16/2021
For decades, women have complained that a “glass ceiling” effectively prevents women from climbing to the top of the organizational ladder. Over the years, numerous sex discrimination lawsuits have taken aim at the glass ceiling, including this one.

Make plans to handle high-level harassment

12/16/2021
Sexual harassment isn’t just a problem on the factory floor or in the back of the store. It sometimes simmers in executive offices, too. And the further up the chain of command the harassment originates, the more likely it will cost your organization a fortune in damages and disastrous PR.

Griping about low pay isn’t always protected activity

12/09/2021
Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.