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Kansas

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

Detail discipline so you can later explain why punishment was appropriate and fair

07/16/2012
A discrimination lawsuit compares what happened to the complaining employee with what happened to others outside his protected class. Details matter. For example, an isolated instance of rude behavior is one thing, but constant rudeness is something else entirely. It can justify different, more severe punishment.

Subjective hiring criteria are fine–if you can cite a sound business reason

07/13/2012

When you have several good applicants for a job opening, picking the best-qualified candidate isn’t easy. While you should be as objective as possible, the final decision can have a subjective element. Just make sure you document a good business reason to back up your choice.

Ensure you can justify gender pay disparities

07/13/2012

There may be many reasons em­­ployees end up earning different salaries for similar work. Pay disparities often grow gradually, over time. That can mean big trouble under the Equal Pay Act. If you aren’t tracking all pay changes and noting the reason, you may end up liable for sex discrimination.

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

Employees fighting? Sort out facts, punish accordingly

06/01/2012
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.

Suspect relative’s illness is used to game FMLA? If true, you’re free to discipline or terminate

05/10/2012

The FMLA allows employees to take up to 12 weeks of unpaid leave to care for a parent with a serious health condition. But it’s not unheard of for employees to take advantage of the FMLA by getting time off, but then not spend it caring for mom or dad. If you learn that your employee is cheating the system, feel free to discipline him.

How to handle partial-day absences under FMLA

05/10/2012
Sometimes, an employee needs just a few hours of FMLA leave, for example, to make a doctor’s appointment or to drive a relative to treatment. The employee may find it more convenient to take the entire day off, but you don’t have to allow it. Should the employee not return after the appointment, you are free to treat the absence as unauthorized.