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Employment Law

Separate the ‘conduct’ from the disability

07/20/2009

Some disabled employees have the mistaken notion that their disabilities give them a pass that excuses unacceptable behavior. However, there’s no duty to accommodate what is essentially conduct. For example, employers don’t have to tolerate an alcoholic who shows up at work disheveled and reeking of alcohol or someone with a mental disorder who threatens to harm co-workers.

Disabled employees don’t find United’s skies too friendly

07/20/2009

The EEOC has sued Chicago-based United Airlines for disability discrimination on behalf of disabled employees.

Feel free to scale back leave, pay policies that exceed USERRA requirements

07/20/2009

Members of the armed services are protected from discrimination and have re-employment and leave rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). But the law doesn’t require employers to indefinitely continue what amount to voluntary special privileges for service members.

You don’t have to be a mind reader! Make employees follow promotion procedures

07/20/2009

Employees who want promotions or transfers have to request them using whatever method the employer sets. They can’t just casually express their desire for the job.

What would you do? Employee claims harassment but won’t identify alleged culprit

07/20/2009

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

Handle accuser with care in whistle-blowing cases

07/20/2009

Illinois law doesn’t allow employers to fire employees for reporting wrongdoing that compromises public policy. What that means is open to interpretation …

ADA accommodation: Yes to time off, no to paid time off

07/20/2009

Employers have to reasonably accommodate disabilities, and those accommodations may include reduced hours or time off. However, employees aren’t entitled to paid time off.

Rockford firm settles race bias suit for $630,000

07/20/2009

Rockford, Ill.-based Area Erectors Inc., has agreed to settle a class-action lawsuit brought by 23 workers who alleged racial discrimination. According to the EEOC, the company laid off black workers while keeping equally qualified and tenured white workers.

A good deed punished: Voluntary FMLA leave can become a mandate

07/20/2009

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Can we require riffed employees to sign a release before they receive severance pay?

07/20/2009

Q. Under our company policy, employees who are terminated because of a reduction in force are entitled to severance pay. Can we require them to execute a release in order to receive severance pay?