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Ohio

It’s dangerous to let supervisors set ADA accommodations

11/09/2012

Smart employers don’t leave it up to a direct supervisor to manage ADA reasonable accommodation. Instead, they work out a system that requires HR’s oversight. Otherwise, a boss with a grudge could set up a disabled employee to fail—and set the table for a costly ADA lawsuit.

Informal comment to HR? Beware retaliation suit

11/09/2012
An employee’s casual remark to HR can lay the groundwork for a retaliation claim if the comment could be interpreted as objecting to some form of discrimination. That’s good reason to train HR staff to report all comments and consider them as protected activity.

Create special test for underperforming worker

10/15/2012

Do you have an employee who just doesn’t seem capable of doing his job? If you document the shortcomings, you can create a special test designed to measure improvement. Just be sure to provide appropriate training materials as part of your effort.

NLRB continues its attack on neutral employment policies

10/09/2012
The NLRB has continued its assault on garden-variety em­­ploy­­ment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity.

Kroger sued over manager’s treatment of disabled worker

10/09/2012
The Kroger grocery chain, headquartered in Cincinnati, is being sued for disability discrimination by a former employee in Texas.

Cincinnati gov’t. contractor draws Uncle Sam’s ire

10/09/2012
Meyer Tool has agreed to pay $325,000 to settle race discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams. The OFCCP claims the company systematically discriminated against black applicants.

Common beef, even vulgarity, won’t rule out unemployment

10/09/2012
Employees who get into arguments may be violating workplace rules. But that doesn’t mean that firing them cuts off possible unemployment compensation benefits.

Haven’t been enforcing call-in policy? Start now

10/09/2012
If you haven’t been enforcing your rule requiring absent employees to call in every day, start now. Just make sure employees know you plan to enforce it going forward.

Tone alone isn’t enough to turn neutral statement into evidence of bias

10/09/2012

The way an individual speaks can convey more than the actual words he or she uses. Body language, tone of voice and other mannerisms (such as rolled eyes) are also powerful communication. But that doesn’t mean that an otherwise neutral statement delivered with what an employee thinks is a demeaning tone can be the sole basis for a lawsuit.

Ensure policy lets employees report harassment to someone other than boss

10/09/2012
Your sexual harassment policy may not be worth the paper it’s printed on if doesn’t spell out an alternative reporting option for em­­ployees who allege they were harassed by their supervisors. You must allow employees to bypass their bosses.