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Kansas

Incapacity doesn’t extend time to contact EEO counselor

04/01/2008
Federal employees are required to contact their agency’s Equal Employment Opportunity counsel within 45 days of experiencing alleged discrimination unless circumstances beyond an employee’s control prevent her from contacting the counselor. But it takes more than a blanket “I was depressed” to win an extension …

Making a frivolous complaint is not protected activity

04/01/2008
When employees file frivolous complaints, it doesn’t count as a protected activity. That means an employee can’t set up his employer by filing a nonsensical discrimination claim and then waiting for some perceived punishment or imagined slight to create a retaliation lawsuit. Courts seem to be catching on to that common practice …

Choose your words carefully when explaining discharge

04/01/2008
You are no doubt familiar with the saying, “If you can’t say anything nice, don’t say anything at all.” Nowhere does that apply more than in the workplace when you have to discharge someone. What supervisors say about former employees who have been discharged can easily backfire …

Be careful what you promise: You may extend employee’s time to sue

04/01/2008
The Minnesota Human Rights Act (MHRA) protects employees from discrimination, but requires them to file their claims within one year of the discriminatory act. But an employee who believes she has a claim and waits to file may sometimes gain extra time—if the discriminating entity promises to investigate …

Whistle-Blower protection requires employee’s intent to expose illegality

04/01/2008
Minnesota’s whistle-blower law protects health care workers from retaliation. It is illegal to take adverse employment action against employees who report situations in which the quality of health care services violates a clinical or ethical standard or places the public at risk. But whistle-blowers must intend to expose illegality; it can’t just be in the context of doing their jobs …

Hiring tests must reflect true work conditions

03/01/2008
Women accounted for half of new hires at an Iowa meatpacker until the company instituted a new pre-hire lifting test. Then the percentage of women fell to 15%.

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Mandating New-Age spirituality at work can trigger an Old-School lawsuit

10/01/2007

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …

‘How may I insult you?’ Rude salespeople ignite bias suits

06/01/2007

You’d think the sight of customers paying retail prices with real green money would be a sight for a salesperson’s sore eyes. That apparently wasn’t the case at a Dillard’s department store in Kansas City, which is now facing a messy lawsuit after a saleswoman shunned a customer …