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North Carolina

Activist groups pledge $5 million for jobs rallies

01/27/2009

When two dozen protesters showed up last month in front of the Raleigh office of the Employment Security Commission, it wasn’t a spontaneous protest for jobs and worker protection laws.

Understand the North Carolina Persons with Disabilities Protection Act

01/27/2009

North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.

Attendance policies: Control absenteeism without breaking the law

01/05/2009

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA …

Track reasons for multiple FMLA leaves

12/31/2008

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

Seek civility, don’t sweat oversensitivity

12/31/2008

Whether a work environment is actually sexually hostile depends on whether that’s how an average person would perceive it. A supersensitive person won’t get to sue for sexual harassment if an ordinary person would brush off the alleged harassment.

Complainer can use co-workers’ anecdotes in building hostile environment case

12/31/2008

The 4th Circuit just made it easier for employees to sue for having to work in a hostile environment. The court said that unpleasant and offensive conduct aimed as one’s sex or race does not have to happen in the presence of the employee who winds up complaining. Conduct witnessed by other employees can be used as evidence …

Boss put foot in mouth? Consider settling—and protecting against future suits

12/31/2008

Surprise! Supervisors sometimes say dumb things. It may be entirely innocent—they simply don’t realize the impact their words may have. If that’s the case, and someone complains, it may be best to settle the case and move on.

Tenure denial and discharge don’t give right to sue over ruined reputation

12/31/2008

Probationary university professors whose contracts aren’t renewed because they failed to achieve tenure status can’t use tenure denial alone as the basis of a suit alleging damage to their reputations. They must show that the decision was actually motivated by something like race or sex discrimination.

No interest penalty after resolving workers’ comp dispute

12/31/2008

Sometimes, it’s unclear whether an employee’s medical bills are related to a workplace injury. Now there’s a bit of good news if you wind up having to cover those bills.

High bar for retaliation case when someone else is victim

12/31/2008

Sometimes, employees don’t have enough information to judge whether something they observe at work is discrimination—or a legitimate management action.