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North Carolina

EEOC cracks down on owner at Lexington’s Silver Diner

10/02/2012
Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

Know GINA rules on liability, EEOC prerequisites

10/02/2012
Good news for employers and supervisors worried about whether the Genetic Information Non­dis­­crimi­­na­tion Act expands individual liability and allows employees direct access to court. The answer is no.

Not every work problem amounts to discrimination

10/02/2012
Life can be unfair and the workplace is no exception. Sadly, employers can’t stamp out all unfairness.

Does North Carolina law protect workplace interracial relationships? Federal court punts

10/02/2012
A federal court has sidestepped the question of whether workplace discrimination based on participation in an interracial relationship is illegal under the North Carolina Equal Employment Practices Act.

Try to accommodate chemically sensitive worker–but don’t be surprised if it’s impossible

10/02/2012
Some people claim they are ex­­tremely sensitive to chemicals and that their condition is a disability that must be accommodated under the ADA. Employers then have no choice but to start the interactive accommodations process. But if the list of chemicals is long and if it’s impossible to remove them from the work environment, you can try your best and may still have to admit defeat.

Clear policy, training: Your best defenses against co-worker harassment lawsuits

10/02/2012
Is your sexual harassment policy up-to-date? If it has been gathering dust and is largely ignored, you are creating possible co-worker sexual harassment liability.

No class action in lawsuit against trucking company

10/02/2012
Chalk up a win for employers that fear huge class-action lawsuits. A North Carolina judge has decertified a class action against CEVA Freight, a freight hauler. The suit had alleged the company was underpaying some 2,000 drivers across the nation.

Burke County boss didn’t know racial slurs offended

10/02/2012
A supervisor for the Burke County De­­partment of Social Services claims she did not know that calling black people bigoted names would offend them—and might even lead to a federal lawsuit. The U.S. Department of Jus­­tice has set her straight on this score.

FMLA: Second medical opinion is your option

10/02/2012

The FMLA allows employers that don’t want to accept an employee’s medical certification to ask for (and pay for) a second opinion. If the two opinions contradict one another, the employer may pay for a third, tie-breaking assessment. But that can be expensive. If you prefer to simply deny the employee’s leave request, that’s fine.

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.