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Louisiana

You can insist on bilingual ability if the job requires it

03/01/2007

Many employers have run afoul of federal discrimination law by requiring all employees to speak only English at all times. The EEOC has said employers can only set such “English-only” rules if they can show a clear business need …

Applicant can sue only if there’s a true job opening

03/01/2007

Do you worry you may be courting a discrimination lawsuit when you turn away an applicant or toss an unsolicited résumé in the trash? Rest assured that turning away applicants when you don’t have an opening isn’t likely to get you in trouble

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Consistent discipline: Your best defense against firing bias

02/01/2007

Some employers’ policies are stricter than others, such as zero-tolerance policies against theft. But it’s more important how you apply your policy than what the policy says …

Workers’ comp claim can’t be basis for Title VII retaliation

02/01/2007

One part of the federal law that bans job discrimination (Title VII of the Civil Rights Act) makes it illegal to retaliate against employees who engage in “protected activity,” such as filing a discrimination complaint. But here’s a key point to remember: That protected activity must be related to discrimination claims under Title VII

It’s up to employees to press harassment complaints

02/01/2007

While it’s vital to react promptly when employees formally file sexual harassment complaints, what do you do if they approach you informally and don’t want to make a formal complaint? …

Courts reshaping the definition of ‘Retaliation’

01/01/2007

Last summer, the U.S. Supreme Court drafted a broad new legal standard for judging whether a company retaliated against an employee for complaining about discrimination. Now, the lower courts are starting to define what that standard means

Beware age discrimination risk when offering promotions

01/01/2007

If you don’t ensure that clearly qualified, post age-40 employees aren’t seriously considered for promotions, you could be risking an expensive lawsuit under the federal Age Discrimination in Employment Act …

College degree doesn’t automatically make applicant the better qualified candidate

01/01/2007

In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …