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Kansas

Is that valid guidance or sex discrimination?

08/08/2018
A female employee sued for sex discrimination when she felt that she was told to do her job more like a man.

The First Amendment, patronage and political firing

07/24/2018
Public employers that fire workers following a controversial election must show that they would have fired the worker anyway.

8th Circuit reiterates: Employees who sue have no right to free legal assistance

07/24/2018
The 8th Circuit Court of Appeals had reaffirmed that former employees who are poor and who are struggling to represent themselves aren’t entitled to the help of an attorney at no charge.

Part-time job may be reasonable accommodation

06/26/2018
The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any open full-time positions? A part-time position may suffice.

Failure to follow reporting procedures can justify firing—even if boss should have acted

06/26/2018
If an employer has a process in place for reporting wrongdoing that includes bypassing one’s supervisor when necessary, employees who don’t take that step can’t aviod punishment by blaming the supervisor. That’s not a justified excuse.

Avoid discrimination lawsuits! Beware hiring below minimum job requirements

06/26/2018
If you rejected an applicant early in the hiring process because he or she didn’t meet your stated minimum requirements, but then hired someone else who also didn’t meet them, then the rejected applicant may have a potential discrimination lawsuit.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Employee can’t physically assault alleged harasser unless she is in danger

05/16/2018
When a customer harasses an employee, the employer may be held liable for allowing a hostile work environment if it knew about the potential problem. However, the employee has a responsibility to report the incident.

Make sure employees follow all the rules when requesting FMLA leave

04/16/2018
The first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job. Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.