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Employment Law

Should we change our policy to require that all harassment complaints be made in writing?

11/02/2009

Q. Our new plant manager wants me to revise our sexual harassment policy to require employees to submit complaints in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

Can we require an exempt employee to use vacation time to coach his son’s sports team?

11/02/2009

Q. One of our supervisors wants to coach his son’s basketball team and has asked to leave work an hour early twice a week. We told him we do not have a problem with leaving early, but that he would have to use vacation time to cover the time lost. He refuses to do that and says we cannot dock his pay for the two hours because he is a salaried supervisor. Is that right?

Must we accommodate beliefs that don’t seem particularly ‘religious’?

11/02/2009

Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

Keep memos, other documents leading up to discipline

11/02/2009

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Ruby Tuesday should say ‘goodbye’ to age bias in hiring

10/30/2009

Perhaps the irony is lost on those who don’t remember the ’60s. Ruby Tuesday Restaurants—named after an early Rolling Stones hit—has been charged with violating the ADEA by refusing to hire applicants over age 40. If allegations by the EEOC are true, Mick Jagger himself couldn’t get hired at the store’s franchises …

Make sure FMLA eligibility form doesn’t create a contract

10/30/2009

A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

FMLA notwithstanding, it’s OK to consider attendance in RIF

10/30/2009

Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.

Malvern’s Vanguard Group faces race discrimination suit

10/30/2009

As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.