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Employment Law

Follow 5 steps to make sure new GINA law doesn’t trip you up

02/09/2010

The Genetic Information Nondiscrimination Act of 2008 was enacted in response to concerns that insurers and employers could use results of genetic testing to discriminate against applicants and employees. Covered employers should consider updating their employment policies and practices to comply with GINA’s many technical requirements.

‘Anonymous’ harassment: How to respond when harasser is faceless and nameless

02/09/2010

In some cases, employees are harassed via scrawled words on a wall, voice mail messages or some other shadowy act. You may never be able to pinpoint the culprit, but you must still do something. Begin by opening an investigation, just as you would for any other complaint. Then remind all employees about your anti-harassment policies.

ADA: Accommodate fertility treatment, adoption

02/09/2010

Employees who suffer from an impaired ability to become pregnant are disabled under the ADA. Since childbearing is a major life activity, conditions that interfere with it qualify as disabilities. That means that employees who are infertile or have low fertility may be entitled to time off as a reasonable accommodation.

You’re liable for bias–even against temps

02/09/2010

Employers sometimes mistakenly believe that hiring a temporary employee through an agency means they won’t be liable if the worker files a discrimination or harassment complaint. The fact is that most temps—even if they are paid and generally managed by an agency—are still “employees” of the organization where they actually perform work. And they’re entitled to work in an environment free of harassment and discrimination.

When EEOC is involved, prepare to give up cash, much more

02/09/2010

The Bahama Breeze restaurant chain has settled racial harassment charges with the EEOC for $1.26 million. According to an EEOC complaint, black employees at the chain’s Beachwood location were regularly subjected to racial epithets, mockery and ongoing harassment.

Laying off employee who’s out on FMLA leave? Better be prepared to back up the rationale

02/09/2010

If an employer has to downsize due to economic conditions, employees who are out on FMLA leave aren’t immune. They can be included in the reduction in force as long as their FMLA status isn’t used as a factor. But employers have to be careful—it will look suspicious if the only employee laid off happens to have been out on FMLA leave or just returned from it.

When employee returns after medical leave, don’t assume need for accommodations

02/09/2010

Here’s a recipe for trouble: An employee returns from medical leave, but doesn’t say anything about his condition. His supervisor asks him if he needs accommodations. It might suddenly occur to the employee that accommodations are a good idea. Or he might think he’s being treated as if he is disabled. Either way, the question triggers a whole host of issues that may never have come up if not for the supervisor’s inquiry.

Ohio law: Bosses personally liable for discrimination

02/09/2010

Here’s a reminder that should catch the attention of supervisors: While they may not be personally liable for most types of discrimination made illegal under federal law, they are liable under Ohio state law.

Courts lose patience with those who miss filing deadlines

02/09/2010

Here’s a sign that courts are growing weary of employees who try to bring their own lawsuits but don’t follow the proper procedures: The 6th Circuit Court of Appeals has dismissed a case in which an employee missed a filing deadline.

UAW reaches pact with AK Steel

02/09/2010

United Auto Workers local 3462 has ratified a contract with AK Steel covering workers at the Coshocton plant. The contract covers 340 production and maintenance workers. Consistent with the subdued economy, the deal represents very little change.