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Kansas

One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments

07/15/2010
Following past recessions, hiring typically took place across the age spectrum once recovery began. Not this time. The Great Recession and its hiring hangover have hit older workers particularly hard. That’s sure to mean more lawsuits. Employment lawyers smell blood and will soon be going after employers they perceive as having policies biased against hiring older workers.

You don’t have to chase down FMLA certification

07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.

Handle return-to-work issues with care

07/15/2010

Employees and their lawyers know to dig deep when they’re considering filing a discrimination lawsuit. They hunt for anything that smacks of unequal treatment based on some protected classification—and if they find something, they’ll sue. Consider this example:

When discrimination is at issue, manager’s race alone doesn’t imply prejudice

06/09/2010
Here’s one thing you don’t have to worry about—the race of the manager terminating another employee. The 8th Circuit Court of Appeals had rejected the idea that just because the decision-maker happens to be of a different race than the employee being disciplined, there may be racism involved.

Address sexual harassment fast! It’s the right–and smart–thing to do

06/09/2010

When you find out that an employee has been doing things that make the work environment sexually hostile, you must fix the problem right away. The sooner you do, the less likely that an employee will successfully sue. That’s because employees have just 300 days to file EEOC charges. That clock starts ticking as soon as you start acting to clean up the environment.

Keep hiring as objective as possible — and beware loose criteria that could let in bias

06/09/2010

At some point, an unsuccessful job candidate may challenge your decision not to hire him. Then you will have to justify your selection process. The more objective criteria you use, the more likely a court will agree not to second-guess your decision. But if you add subjective elements to the process, you may end up being charged with discrimination.

No STD documentation? OK to discipline–or fire

06/09/2010

If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.

Stick with termination decision–and don’t hint that you’re open to reconsidering

05/14/2010
Once you’ve made the tough decision to terminate an employee, stick to it. If you let the employee talk you into reconsidering, you may end up with a lawsuit over whether a contract had been created.

PDA: No special treatment for pregnant workers

05/10/2010
As the name clearly implies, the federal Pregnancy Discrimination Act (PDA) makes it illegal to discriminate against women who are pregnant. But it doesn’t mean pregnant employees are entitled to special privileges. In fact, the PDA merely makes clear that employers must treat pregnant employees the same way they treat every other employee.

Apply zero-tolerance policy on workplace violence across the board

04/19/2010

Many employers have adopted so-called zero-tolerance rules prohibiting any kind of violence at work. The reason: Getting rid of violent employees is crucial to maintaining a safe work environment. But be careful how you enforce the rule. If you ever make exceptions, you’re asking for a lawsuit.