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Ohio

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Reverse discrimination and transfers as ADA accommodations

05/04/2012

Earlier this year, the EEOC published Veterans and the Ameri­­cans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?

Alleged retaliation draws lawsuit for Dollar General

05/04/2012
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Personal Touch lacked it with employee

05/04/2012
File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.

Plan how you will contest bid for unemployment benefits

05/04/2012

You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.

Jury will decide artificially inseminated teacher’s lawsuit

05/04/2012
A controversial Pregnancy Dis­­crimi­­nation Act lawsuit involving an un­­married woman who was artificially inseminated and who teaches at a Cincinnati Catholic school will go to trial following a federal court ruling.

Employee returning from FMLA leave? OK to assign her to different, equivalent job

05/04/2012

Some employees mistakenly believe that when they take FMLA leave, they are guaranteed an unchanged job when they return. That’s not true. What the FMLA promises is that employees who take protected leave will be returned to the same or an equivalent job.

Counter bias claims: Show how your rational promotion process selects best candidates

05/04/2012
When it comes to promotions, smart employers make sure they carefully document the selection process. That way, if an employee challenges the decision, the company will have something compelling to show the court.

It’s just putting off the inevitable: Don’t let management shrug off hostile work environment

05/04/2012
Having trouble persuading upper management to get proactive about harassment and hostility complaints? Remind them that ignoring such a problem will only make it ­fester—until someone decides to sue.