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Wisconsin

Beware reverse sex discrimination when setting schedules and overtime policies

05/14/2008
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility …

Consistently applied blanket-Leave limits don’t violate FMLA

04/09/2008
If you’re having absenteeism problems, consider instituting a policy that says an employee who exceeds an absence threshold will be automatically terminated—regardless of the reason. Such a policy can cover absences relating to personal or vacation leave, time off covered by workers’ comp and even FMLA leave …

Pigeonholing employees’ race can be tricky … and risky

04/09/2008
Exactly what is race? And who is a member of a protected class based on race? Does the color of one’s skin count more than the country of origin? Those are some of the questions a federal appeals court recently tackled …

Don’t hesitate to discipline a rude and insubordinate employee

04/09/2008
Nothing disrupts the workplace like a rude and nasty employee—especially one who thinks she’s smarter than everybody else and constantly tries to show it by criticizing co-workers and others. To stop the damage, you may have to act firmly, even if that means the employee may sue. If you back your actions with solid evidence, chances are a judge will throw out the case …

Objective promotion process makes retaliation claim harder

04/09/2008
Imagine how awkward it would be to have an employee sue her employer and then stay on the job. There’s a real danger that the worker will become supersensitive to workplace slights. She may think every comment is meant to punish her for the lawsuit—and that every thwarted promotion request is direct retaliation …

Don’t fear informal ADA accommodation: You can still challenge disability later

04/09/2008
Most employers start thinking about possible ADA accommodations right away, before they are sure that the affected employees are actually disabled. That’s fine and won’t mean the employers can’t require medical proof later. Agreeing to accommodate is not the same as admitting the employee is disabled …

Don’t let flawed noncompete agreement break the bank

04/01/2008
Lots of employers use noncompete agreements to protect against unfair competition from former employees. But a poorly drafted noncompete agreement—e.g., one you obtained from a form book or the Internet—may create serious legal pitfalls …

Beware using medical costs as employment factor

04/01/2008
It may be tempting to refuse to hire an applicant who could raise your health insurance costs. By the same token, it may seem like a good idea to terminate employees who keep filing expensive health insurance claims for themselves or their dependents. Don’t do it! The penalties for such discrimination can be high …

Reorganizing? Make sure open positions are available to all

04/01/2008
During a reorganization, lost jobs can mean unhappy former employees looking for reasons to sue. They may suspect the changes were merely a smokescreen to cover illegal discrimination. The best way to prevent a lawsuit is to open up to those who are slated for termination any new positions you may be creating. Encourage all to apply …

OK to consider qualifications that aren’t in job description when setting pay

04/01/2008
Setting compensation for a highly skilled job applicant may mean having to offer more money than currently paid to employees performing the same type of job. But what if a current employee sues, alleging the pay disparity constitutes some form of discrimination? Can you avoid liability? …