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Indiana

One sex always does the dirty work? Be prepared to show that it’s essential

09/06/2010

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

Prepare to reinstate worker fired for working with OSHA

08/18/2010

Driver Peter Cefalu was fired from his job at Roadway Express after submitting a statement backing a co-worker’s claims that the company illegally required drivers to falsify their transportation logs. Cefalu complained to OSHA and was ordered reinstated …

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Loose lips lose lawsuits: Screen performance reviews for FMLA comments

08/03/2010
Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.

Document rationale for all discipline to show it wasn’t a pretext for bias

06/29/2010

If you carefully document disciplinary actions and punish all employees fairly, courts will usually uphold your decisions. That’s because an employee who challenges the reason for her discharge has to show that the reason wasn’t legitimate—that, rather, the rationale was merely a pretext for some form of discrimination. And it takes more than just coincidence to do that.

Court tossed class-action suit? Your legal worries aren’t over yet

06/14/2010

Here’s more incentive to pay close attention to your compensation practices: Wage-and-hour lawsuits can easily morph into collective actions in which a few employees represent all similarly situated employees. Even if an employer manages to persuade the court that the claims aren’t suitable for a collective action, that doesn’t mean the case is over.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.

Just one applicant? You’re not required to hire

06/14/2010
It’s perfectly legal for an employer to decline to hire or promote someone even if he’s the only applicant. In fact, it may very well be a good business decision to wait under those circumstances.

Unsubstantiated rumors don’t add up to liability

06/01/2010
Public employers aren’t necessarily liable if they fail to respond to vague rumors about employee misconduct, as the following case shows.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.