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Employment Law

Are there special requirements for training employees who do not speak English well?

07/09/2010
Q. Our company recently hired some employees who do not speak English as their first language. What are our obligations in training these employees?

HIV case shines spotlight on ADAAA’s broader disability definition

07/09/2010
A recent court case sheds light on whether HIV is a disability under the ADA Amendments Act of 2008. In Horgan v. Simmons, the court held that an HIV-positive man who was terminated after disclosing his medical condition to his supervisor could pursue an employment discrimination claim under the ADA. This case reflects the trend toward broader protection under the ADA.

DOL stiffens child labor penalties

07/09/2010

The DOL has raised the penalties for employers that violate the nation’s child labor laws. Fines for employers with workers under the age of 12 now start at $8,000. Minimum fines for hiring 12- or 13-year-olds now stand at $6,000 for each violation. In cases where 14- or 15-year-olds are illegally hired, the fines range between $6,000 and $11,000 per violation.

After years of harassment, settlement in flasher case

07/09/2010

Biewer Wisconsin Sawmill has agreed to settle sexual harassment complaints brought by two female employees alleging a male co-worker repeatedly exposed himself to them over the course of several years. Biewer, which has a manufacturing and distribution outlet in Seneca, failed to deal with the complaints promptly …

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/09/2010
Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit.

Thorough investigation is key to defending firing

07/09/2010

If you carefully document wrongdoing, you have very little to fear from a lawsuit—even if you’re wrong. That’s because courts don’t demand perfection from employers—just that they act in good faith.

Just one stupid statement from boss can mean lawsuit

07/09/2010
Here’s incentive to clamp down on supervisors who seem to be angry with their employees and who generally treat their subordinates poorly. Typically, being an equal opportunity yeller means no liability. But belligerent bosses are bound to slip up eventually.

Use better treatment of class members to counter discrimination lawsuit

07/09/2010

Employees who charge discrimination often have to prove that others outside their protected class were treated more favorably than they were. But what if the employer can show that others belonging to the same protected class got better treatment than the employee who sued? That can often get the case dismissed.

Retain e-mails after receiving EEOC complaint

07/09/2010

When sued, employers must preserve all evidence in their possession that may concern the lawsuit and its underlying claims. That means that as soon as you receive an EEOC complaint, you should issue a litigation hold directing the retention of all electronic communications, such as e-mails. Don’t let employees make their own decisions about which e-mails they should keep.

Separate the harassed and the harasser, fast

07/09/2010

Here’s a problem that is easily solved. An employee complains that she’s being harassed by a co-worker. If you can easily separate the two, do so sooner rather than later. Merely having a complaint lodged may be enough to stop the harasser. But his continued presence can still mean you’re allowing a sexually hostile work environment to exist.