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North Carolina

Hair triggers religious bias suit against Taco Bell

09/22/2011
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Follow DOT rules for drivers with disabilities

09/22/2011
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.

Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR

09/09/2011

Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.

Ricoh must print out big check after harassment settlement

09/01/2011
The Greensboro office of Ricoh Elec­tronics has settled EEOC harassment and national-origin discrimination claims filed on behalf of three em­­ployees who claimed they had to en­­dure years of harassment and abuse—and then were fired for complaining.

Cut pay if warranted: It’s OK under FLSA

09/01/2011
The Fair Labor Standards Act grants many rights to workers, in­­cluding the right to overtime pay for working more than 40 hours in a workweek. It does not, however, prevent employers from lowering hourly wages if they choose to do so.

Don’t micromanage store managers

09/01/2011
Want to keep exempt status in place for your store managers? One key is to make sure regional managers don’t micromanage the store. Giving store managers autonomy helps show they truly do have managerial authority.

Coddle repeat harasser at your own risk–you could be courting huge penalties

09/01/2011
If you have doubts about what you should do with a serial harasser, the following case should clear things up.

Authorize managers to act fast to remove offensive material from workplace

09/01/2011
Here’s a good way to stop needless sexual or other harassment claims: Empower even low-level supervisors to immediately remove any material anyone could consider even remotely offensive. The best outcome: Offensive material disappears before anyone has a chance to complain.

EEOC to N.C. janitorial firm: Clean up this debt!

09/01/2011
Access Services, a Charlotte-based janitorial services company, must ex­­plain to a judge why it failed to make court-ordered payments after it settled an EEOC discrimination lawsuit brought by a former employee.