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Florida

Know employee’s diagnosis? Don’t assume FMLA

05/09/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

Menorah House sees the light

04/11/2012
A Boca Raton nursing facility, Menorah House, has agreed to settle a religious discrimination suit filed by two former employees after management stopped accommodating their religious needs. The two employees were Seventh-Day Adventists, who do not work from sundown Friday to sundown Saturday.

Don’t treat pregnancy-related absences differently than other medical absences

04/11/2012
If you provide additional leave or special arrangements for someone recovering from a heart attack or broken leg, you must provide them for a pregnant employee, too. Otherwise, you may be violating the Pregnancy Discrimination Act.

Shopping for FMLA certification doesn’t justify failing to call in absence

04/11/2012
Employees may need some time off to get their FMLA serious-health-condition forms certified. But that doesn’t mean they can stop showing up for work and ignore company call-in requirements during that time.

Not sure employee is eligible for FMLA leave? Play it safe and assume she is

04/11/2012
Once a supervisor or manager has reason to believe an employee may qualify for FMLA leave, the company is obligated to investigate. Ignoring that obligation can be a big mistake.

Boca Raton gas station draws ire for alleged religious bias

04/11/2012
It’s not just discrimination against workers that gets employers in trouble. Bias against customers can land them in hot water, too.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Place disabled worker on leave while mulling accommodations

04/11/2012
What can you do if an employee presents you with medical restrictions that limit his ability to perform essential functions of his job? If it’s clear he can’t actually do the job, you can place him on leave.

Citibank settles age discrimination complaint for $500,000

03/30/2012
The Financial Industry Regulatory Authority (FIRA) has ruled Citibank violated state anti-discrimination laws when it fired Edward Laurence Bowne in 2008—and ordered the bank to pay Bowne $500,000 in compensation.

Thorough investigations win discharge lawsuits

03/30/2012
While you can fire an at-will employee for any legal reason or no reason at all, your best bet is to conduct a thorough and fair investigation. It’s much easier to persuade a judge that a discrimination complaint is meritless if you can point to records showing exactly why you fired the worker.