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Firing

Mentioning employees’ body odor isn’t discriminatory.

07/01/2003
A Muslim IT manager sued for national origin bias, claiming that his supervisor’s comments about his personal hygiene, not performance problems, were the true cause …

Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Supreme Court: Fewer small firms covered by ADA, but check state law

06/01/2003
It’s clear that companies with fewer than 15 employees aren’t required to comply with the Americans with Disabilities Act (ADA). But do company shareholders …

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …

Don’t let abusive staff use disability as excuse; you can fire for behavior

05/01/2003
Don’t allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is …

Lower-level bias can illegally taint firing decision

03/01/2003
When it comes to discrimination affecting your company’s hiring and firing decisions, what you don’t know can hurt you. That’s why it’s important to reiterate …

Simple pain complaint doesn’t count as FMLA notice.

03/01/2003
A worker who previously fractured his coccyx told his boss he was “in pain from his tailbone” and needed to go to the doctor that day. Although the boss told him …