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Employment Law

Use formal process to promote from within

08/11/2009

While courts seldom want to second-guess employment decisions, sometimes employers provoke that scrutiny. That can happen, for example, when companies rely on the “old boy network” to promote from within instead of using a more formal, organized process.

ADA: Driving could be a major life activity

08/11/2009

Most federal appeals courts have concluded that driving is not a major life activity under the ADA. Thus a disability that simply impairs the ability to drive isn’t covered under the law. But what if the inability to drive prevents someone from holding a wide range of jobs? Does that mean the individual is substantially impaired in the major life activity of working? According to one federal trial court considering a Florida case, the answer is yes.

EEOC ropes Tampa company over workplace nooses

08/11/2009

WRS Compass is the latest company to face an EEOC lawsuit after failing to rein in workplace racial harassment. According to the complaint, one black worker found a noose on his steering wheel, and a white employee displayed a noose on his car. When workers complained, a white supervisor replied, “Maybe, he just likes nooses.”

When firing follows harassment, watch out! You could be facing a retaliation lawsuit

08/11/2009

Many sexual harassment complaints turn out to be much ado about very little. That doesn’t mean, however, that you can close the case and forget about the whole thing. That can be especially dangerous if the person about whom the complaint was made is a supervisor who still has authority over the employee who complained. Here’s how to handle the aftermath of a closed harassment complaint:

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Don’t overreact to co-worker’s isolated racial slur, but don’t ignore it either

08/11/2009

Most HR professionals like to think their workplaces are free from slurs and other behavior that smacks of racial hostility. If only that were always true! Sadly, bigotry sometimes rears its ugly head. But the good news is that an isolated comment probably isn’t enough to make you liable. That is, unless the comment is made by a supervisor.

Develop objective promotion criteria, stick with them—and be sure to document them

08/11/2009

You’ve just made another tough promotion decision, and 10 other urgent tasks require your attention. Before you move to the next item on your to-do list, take the time to document the promotion process. That way, if you are later sued, you can easily show the court the factors you considered.

Burden is on employers to avoid double damages under FLSA

08/11/2009

The FLSA requires employers to pay the minimum wage and the correct amount of any overtime. Violate the law and you’ll have to pay double what you owe—unless you can show you acted in good faith and with the reasonable belief that you were following the law. That’s a tough sell unless you can show you followed legal advice.

Respond to unemployment comp notices right away

08/11/2009

An employer that doesn’t file an appeal within 20 days after it receives notification that a former employee has been awarded unemployment compensation benefits loses the right to appeal. Advice: If there’s the slightest chance you’ll contest unemployment benefits, respond to the notice immediately.

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.