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Kansas

Beware discipline following benefits complaint

11/15/2012
Not every complaint about what might be construed as a benefit amounts to protected activity under the Employee Retirement Income Security Act (ERISA).

There’s just no guessing about cross-dressing: Focus hiring on qualifications, not appearance

10/12/2012
While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.

8th Circuit relaxes meal break pay requirements

10/12/2012

The DOL says meal times are paid time unless employees are completely relieved of their duties during breaks. The 8th Circuit says the correct rule is that employers can require employees to be ready to work during meal times without affecting its unpaid status. This is known as the “predomi­nantly for the benefit of the employer” standard.

ADA: Stand by truly essential job functions

10/12/2012
Courts usually defer to an em­­ployer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.

Always check supervisor’s firing recommendation

09/17/2012
The FMLA allows double damages for willful violations. Recently, the 8th Circuit Court of Appeals ruled that the extra damages can be levied against an employer that essentially rubber-stamps a supervisor’s wrongful termination decision.

Bosses may be personally liable for harassment

09/17/2012
If you are a public employer committed to discouraging sexual har­­assment, make sure your supervisory training covers the topic. In particular, ensure that supervisors know they aren’t immune from liability if they harass a subordinate.

Client gaffe doesn’t create employer liability

09/17/2012

Sometimes, customers or clients make inappropriate remarks. How managers respond to those comments is important. Put on the spot, they may be at a loss for words. That may not be ideal, but it isn’t enough to create liability for the employer.

Even if you’re wrong, you can fire employee who’s on FMLA

09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.

Public employees have rights beyond those in Title VII

08/13/2012
People living in the United States are protected from state actions that violate the Constitution, a right that goes beyond those accorded to employees under Title VII.

Late EEOC filing? Better be able to prove it

08/13/2012

Employees typically have just 300 days to file EEOC and state discrimination complaints. Otherwise, their lawsuits will be tossed out. But it’s the employer’s burden to prove the complaint was filed too late—not the employee’s burden to prove he filed on time.