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Indiana

Must we give rejected applicant a copy of a negative reference letter?

07/22/2008
Q. We request references from applicants’ former or current employers. Recently, an applicant (who was not hired) requested a copy of his former employer’s reference letter, which indicated that the applicant was difficult to work with and performed poorly. The letter was one of the factors considered when we decided not to hire him. Must we turn over the letter (or any other part of our file on the applicant)? …

Can we legally ban all employee smoking at work?

07/22/2008
Q. We don’t allow smoking during the workday, even during lunch breaks. An employee complained to HR that this is discriminatory and mentioned that she may seek legal action. Is our company policy illegal? …

When termination follows military family leave

07/22/2008
Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? …

Pre-Employment tests

07/22/2008
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

Discrimination-Free environment required, perfection a bonus

07/09/2008
The workplace has never been nor will it ever be utopia. Managers and supervisors won’t always see eye to eye with employees. Conflict is almost inevitable. Thus, courts don’t expect employers to provide perfect workplaces free of all strife. Judges expect employers to obey discrimination laws, but they also realize that not every slight or inconvenience is evidence of discrimination …

Make suggested ADA accommodation offer in writing

07/09/2008
Under the ADA, disabled employees are entitled to reasonable accommodations that enable them to perform the essential functions of their jobs. And employers are required to engage in what the law calls “an interactive process” to determine what accommodations may be possible. But “interactive” doesn’t imply you should approach the process casually …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

DOL can pursue visa pay violations even without a complaint

07/09/2008
Here’s a word of warning to employers that hire workers from overseas to fill critical jobs: A federal court has ruled that the DOL can investigate alleged violations of the H-1A visa program’s equal-pay requirements, even if no particular employee has complained. The ruling may mean more employers will find DOL investigators on their doorsteps …

Track intermittent leave meticulously when you offset FMLA time with paid leave

07/01/2008
Employers are allowed to substitute paid time off for unpaid FMLA leave. But employers have to let employees know that’s what they are doing. And that can get tricky if the employee is taking intermittent leave for a chronic condition, plus leave for other personal needs such as vacation or mild illness …

Read EEOC complaint carefully: Employees can’t later expand lawsuit

07/01/2008
Typically, an employment discrimination lawsuit starts with an EEOC complaint. That document is often an employer’s first notice that an employee plans to take an employment dispute to court. Review it thoroughly to determine the scope of the problem. If the employee later tries to add additional discrimination claims, you’ll be prepared to point out that they didn’t appear in the original EEOC allegations …