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Indiana

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012
Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Suspect leave abuse? Consider surveillance to catch those trying to game FMLA system

08/21/2012
Absenteeism is a big problem for many employers. If you suspect that some employees are taking advantage of your leave programs, you can and should come up with a plan to catch them, as one employer recently did.

Shut down demeaning name-calling ASAP–or else prepare to pay for your ‘tolerance’

08/21/2012
If you need an incentive to stop name-calling in the workplace, consider this: The 7th Circuit Court of Appeals recently upheld a jury award of $70,000 for a supervisor’s repeated and demeaning use of the word “bitch” when speaking to a subordinate.

Was that sex bias–or clumsy geek-speak?

08/21/2012
The 7th Circuit Court of Appeals has apparently concluded that some professionals are less articulate than others and deserve a pass when they make sexist comments.

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.