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Indiana

OK to punish worker acting alone to end alleged harassment

09/01/2007

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That’s really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability …

Make sure independent contractor honors pay obligations

09/01/2007

If your business is seasonal, you may rely on an independent contractor to provide extra workers during crunch times. Whether it’s harvesting a crop, having the office cleaned or counting inventory, you must take steps to ensure your contractor pays his or her employees minimum wage and overtime …

Independent inquiry saves the day on supervisor harassment

09/01/2007

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim …

Woman has affair, quits and then loses sex discrimination case

09/01/2007

The course of true love, at least in the workplace, runs straight to the courtroom. But Floor Covering Associates of Joliet received a reprieve recently when the 7th Circuit Court of Appeals upheld a district court verdict in its favor …

Attorneys’ fees may be due even if employees collect nothing

09/01/2007

It was a good case for the lawyers anyway. Demonstrating just how expensive an ADA case can be, a federal appeals court ordered fees to be paid to the attorneys who brought a class-action ADA case against Rent-A-Center. The case involved the company’s use of the Minnesota Multiphasic Personality Inventory test to screen out applicants and employees with low scores …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Track pay and experience, adjust wages accordingly

08/01/2007

If your employees essentially perform exactly the same function, yet some are paid less than others, it may be time to compare pay and experience in your workplace. Then, adjust pay accordingly …

Vague complaints not enough to trigger retaliation protection

08/01/2007

Most discrimination laws include a provision that makes it illegal to retaliate against employees who complain about discrimination …

Pregnancy Discrimination Act doesn’t apply to partner of pregnant woman

08/01/2007

The federal Pregnancy Discrimination Act (PDA) protects women from discrimination based on pregnancy or the ability to become pregnant. But men who are fired while their girlfriends or wives are pregnant can’t bring a PDA lawsuit …

Same rule, different punishment OK if you can justify

08/01/2007
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