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Employment Law

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.

Indefinitely retain records of veteran hiring

10/13/2009

A new law, the Veterans’ Benefit Improvement Act, makes it absolutely critical for you to retain records of how you handled any hiring process involving military veterans. Those covered by USERRA now can sue at any time, no matter how long ago an employer allegedly violated their rights. Fortunately, the 7th Circuit has ruled that the law isn’t retroactive.

Memo to supervisors: Even one slur can spur jury trial

10/13/2009

Have you warned all your supervisors and managers against using any slurs, no matter what background the slurs reference? If not, do so today! Otherwise—if the target of the slur happens to be discharged or demoted later—you’re risking a lawsuit for national-origin discrimination or some other form of bias.

Courts lose patience with frivolous lawsuits; employers can recover attorneys’ fees

10/13/2009

Here’s a bit of good news for employers fighting baseless lawsuits: The 7th Circuit Court of Appeals has signaled its willingness to allow trial judges to order attorneys’ fees for employers forced to defend themselves from litigation that has no merit.

Get legal advice when union tries to organize

10/13/2009

If you hear rumors that employees are talking about unionizing, call your attorney right away—and definitely before making any changes in the workplace. Otherwise, you may end up in court, fighting unfair labor practices charges.

You don’t have to be right—honesty, good faith are enough

10/13/2009

Do you spend days or weeks agonizing about personnel decisions because you fear a lawsuit? That’s probably unnecessary. The bottom line is that courts don’t require you to be 100% right every time you make a decision that affects an employee. You just have to be honest and act in good faith.

Recruiting college students? Consider all ages

10/13/2009

If you have a robust college-student recruiting program, make sure you consider students from all age groups for your open positions—co-op and internship programs, too. That way, other employees can’t point to your college-student recruiting program as direct evidence of age bias.

Post promotion openings to cut down on lawsuits

10/13/2009

Employers that rely on informal announcements and word of mouth to promote employees, take note: If a supervisor knows an employee would be interested in such a position and doesn’t let him know it is opening up, a court may allow a failure-to-promote lawsuit even if the employee never applied.

Even if managers go rogue, you can defend terminations by conducting independent review

10/13/2009

You can preach your zero-tolerance policy on discrimination and retaliation until you’re blue in the face—and sometimes it still makes no difference. Occasionally a supervisor will say or do something stupid that gets the company dragged into court. However, there are steps you can take to avoid liability.

Helping worker dodge jury duty with medical excuse doesn’t amount to disability

10/13/2009

Here’s a novel twist on the ADA violation of regarding someone as disabled. The 11th Circuit Court of Appeals has ruled that an employer doesn’t necessarily consider an employee disabled just because a manager uses a health-related excuse to help a worker get out of jury duty.