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Firing

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Stop managers from using bullying as ‘motivation’

10/01/2004
Your organization counts on its supervisors to motivate employees. But that doesn’t give supervisors free rein to use whatever tactics necessary. As the following case proves, you have the right, and, …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004
Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

Review insurance policies for legally dangerous exclusions

10/01/2004
Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)…

Require employees to show FMLA proof before their leave

10/01/2004
Issue: When must employees provide proof of their need for FMLA leave? Benefit: You can require employees to provide proof when they request the leave. Action: Don’t be …

Disabled staff? No need to revamp their jobs

10/01/2004
Issue: How far must you go to offer disabled employees a “reasonable accommodation” under the Americans with Disabilities Act (ADA)? Benefit: ADA doesn’t …

Study insurance policies for legally hazardous exclusions

09/01/2004
Probe the fine print on terms and conditions of employee benefits plans and other insurance policies covering employees. And if you’re shopping around for new coverage, pay attention to provisions or …