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Employment Law

Don’t be so quick to say ‘no’–seriously consider every ADA accommodation request

11/24/2010

Managers must resist the temptation to reject out of hand any employee request for reasonable accommodations. To do so would be a big mistake. The ADA requires employers to engage in an interactive process to determine if an employee is entitled to an accommodation and what that accommodation should look like.

When employee gripes about differing treatment, be prepared to document everything

11/24/2010
Occasionally, employees angrily complain that discrimination is the reason they’re being treated differently than other employees. But different treatment isn’t always discrimination, and in fact, it’s often easy to explain.

Harrah’s passes on diversity study, citing past litigation

11/24/2010
When the Pennsylvania Gaming Control Board conducted a study this summer of employee diversity in the state’s casinos, Harrah’s Chester Casino and Racetrack refused to participate. The reason: Past lawsuit settlements forbade the company from discussing minority hiring and employment figures.

Warn bosses: Beware discouraging leave requests

11/24/2010

Whether it’s intentional or not, some supervisors send unmistakable signals that their subordinates had better not take time off unless it’s absolutely necessary. That can mean trouble. Employees who are too scared to ask for leave may later turn around and sue, alleging a deliberate effort to discourage them from taking advantage of the FMLA.

McDonald’s not lovin’ it after teen harassment settlement

11/24/2010

The owner of a McDonald’s franchise in Perth Amboy will pay $50,000 to settle an EEOC harassment lawsuit filed on behalf of a male teenager who once worked at the restaurant. The boy complained that an assistant store manager made lewd comments and inappropriately touched, hugged and even spanked him.

Does the Port Authority pay female attorneys less than men?

11/24/2010

The EEOC has sued the Port Authority of New York and New Jersey, alleging it pays male lawyers much more than women who perform the same work. On behalf of three plaintiffs, the EEOC seeks class certification for all female attorneys affected by the allegedly discriminatory pay policies.

Bill would bar credit checks for most jobs in New Jersey

11/24/2010
State Sen. Shirley Turner has proposed a bill that would prevent employers from using credit checks during the hiring process in many cases. Citing the downturn in the economy, Turner and other bill supporters note that many people have less than perfect credit, and that shouldn’t keep them from getting jobs.

Courts crack down on workers who wait years to sue

11/24/2010
Courts are losing patience with employees who think they can sue their employers years after alleged discrimination or harassment.

When employee sues, beware whistle-blower add-on that alleges violation of public policy

11/24/2010

New Jersey’s Conscientious Employee Protection Act protects employees who blow the whistle on wrongdoing. That can include reporting conduct that the employee reasonably believes violates “a law, rule or regulation … or a clear mandate of public policy.” The employee doesn’t have to get very specific, especially claiming he blew the whistle on conduct that violates public policy.

Make sure post-firing documentation doesn’t pile on extra reasons for termination

11/24/2010
Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.