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Kansas

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012
You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding ­workers outside their protected class who were treated more favorably than they were.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012
Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.

Beware overly broad drug policies, which could violate ADA rules about revealing a disability

03/14/2012
The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.

Immediate harassment danger? Protect victims

03/14/2012

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

Warn bosses: Bias could mean punitive damages

03/14/2012
Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.

Warn managers: Angry statements could cause defamation, slander lawsuits

02/09/2012
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.

Use harassment hotline? Keep detailed records

02/09/2012
Chances are, you have a sexual harassment policy that gives em­­ployees several ways to report har­­ass­­ment—maybe including a hotline for phoning in problems. But beware: An employee may file an EEOC complaint before you even have a chance to investigate alleged harassment. If that happens, your hotline records may play a crucial role in your defense.