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Employment Law

What to do when the EEOC drags its feet

08/27/2010

Unfortunately for employers, the EEOC can spend as much time on the investigation as it wants without losing the right to sue. That’s because there is technically no statute of limitations on the commission’s actions. But that doesn’t mean employers are powerless. Fortunately, there is a legal doctrine employers can use when the EEOC waits and waits to initiate litigation.

Track rationale for all discipline decisions

08/27/2010

Employees who sue for discrimination usually have to show they were punished more harshly than other employees outside their protected class. Counter such claims with specifics. While you may have punished 10 employees this year for breaking the same rule, chances are that each case was unique—and that you made the punishment fit the crime. That’s fine.

Can a private ‘moral’ issue be the basis for terminating an employee?

08/27/2010
Q. Our church day care center hired a woman who—we later found out—was living with a man who was married to someone else. Our director had a moral problem with this situation and terminated her. I think the termination was illegal. Was it?

Is pay required for after-hours work functions?

08/27/2010
Q. Can we require full-time nonexempt employees to attend work-related functions after regular hours? If so, should this time be compensated?

Know your union posting requirements under Executive Order 13496

08/27/2010
Final rules are now in place for enforcing Executive Order 13496, the White House decree requiring all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act—the primary federal law governing the relationship between private-sector employers and unions.

Apple co-op settles sex and race harassment complaints

08/27/2010
The farmers’ co-op that produces Musselman’s applesauce has settled an EEOC sexual and racial harassment complaint filed by eight Mexican-American women who worked at a factory in Gardners.

Riffed Latrobe staff wants EEOC inquiry: Was bias involved?

08/27/2010

Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

FMLA eligibility: DOL expands definition of ‘son and daughter’

08/25/2010
The U.S. Department of Labor recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.