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Kansas

Tough economy no excuse for pay bias

05/17/2017

The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.

Courts won’t hold it against you: Take a chance on hiring raw candidate

04/19/2017

Taking a chance—hiring the minimally qualified applicant—may mean having to turn around and terminate him a short time later. That’s usually fine.

Isolated incidents don’t add up to harassment

04/19/2017

Courts don’t expect workplaces to be perfectly harmonious, without any hint of harassment. As long as the behavior doesn’t repeat or become progressively worse, courts generally hesitate to intervene.

Use last-chance agreements to show you’re fair about making termination decisions

03/29/2017

Sometimes, it makes sense to use a last-chance agreement in which an employee agrees that one more violation of a company rule will mean immediate termination.

Being placed on improvement plan isn’t automatic proof of poor performance

03/29/2017

Don’t expect a court to simply take your word for it that an employee was doing a poor job.

ADA claims can live on even after death

02/16/2017

A federal appeals court has decided ADA disability discrimination claims can continue even though the employee has died.

Accommodate disability, insist on performance

01/18/2017

Smart employers make reasonable accommodations without too much hassle, and they still keep an eye on disabled employees’ performance to make sure they’re successfully doing their jobs.

Good records help win discrimination cases

12/22/2016

Employers that keep good records seldom lose when an employee claims he was fired for discriminatory reasons.

OK to discipline for bullying online posts

12/01/2016

If you have solid policy guidance on proper workplace behavior, you shouldn’t worry too much about punishing abusive or offensive online behavior that crosses the line into bullying or worse.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016

A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.