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Employment Law

Abercrombie & Fitch docked $115,000 for disability bias

10/05/2009

Abercrombie & Fitch has been fined $115,000 for discriminating against an autistic customer at a Minneapolis store. Fourteen-year-old Molly Maxson, accompanied by her mother and sister, wanted to try on clothes at the store. But store employees stopped Molly’s sister from entering a dressing room to help her.

Don’t consider FMLA leave when tallying employee’s ‘excessive’ absences

10/05/2009

You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.

You’ve got mail—and you might have a lawsuit if your e-mails are too casual

10/05/2009

E-mail—often quick and informal—is the standard for most business communications these days. But if you’re too casual in the way you word e-mails, you could wind up in lots of legal trouble, as the following case shows.

Accept public funds? Then don’t use religion as basis for making employment decisions

10/05/2009

Businesses and nonprofits that receive taxpayer money and contract with government agencies to provide services may be prohibited from using religious criteria in hiring and firing. And hiring on the basis of someone’s religious beliefs or affiliation may be proof that an employer has crossed the line.

Firing for positive drug test? Prepare to defend test validity

10/05/2009

Generally, employees can appeal if they’re denied unemployment compensation because they were fired for cause. To win, they must show they were fired without just cause. However, the rules change when an employee is fired for a positive drug test.

Replacing worker with someone slightly younger isn’t age bias

10/05/2009

The Age Discrimination in Employment Act protects workers age 40 or older from discrimination based on age. To win an ADEA lawsuit, an employee has to show that a younger employee replaced her. However, that younger employee must be at least six years younger unless there is direct evidence of age discrimination.

Parma cable company sued for sex discrimination

10/05/2009

The EEOC has sued Digital Cable and Communications South, a Parma-based cable TV installation company, for allegedly refusing to hire female applicants for cable technician jobs.

Dave’s Markets chain charged with sexual harassment

10/05/2009

The EEOC has sued Cleveland-based Dave’s Markets, alleging the chain tolerated a workplace rife with sexual harassment. The lawsuit claims that a longtime male manager made repeated and unwanted sexual advances against female employees, and the company did nothing to stop it.

What happens if employees don’t give adequate notice of FMLA leave?

10/05/2009

Q. What rights does an employer have if an employee fails to give timely notice of FMLA leave?

Before firing, make sure you treated others just the same

10/05/2009

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.