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Employment Law

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Track managers’ deviation from rules to ensure there’s no hidden discrimination

12/04/2008

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires …

Posting openings, tracking all applications discourage frivolous discrimination lawsuits

12/04/2008

Employers that post job openings and then track the response they get to their advertisements will discourage frivolous lawsuits. Would-be applicants can’t say they tried to apply or were discouraged from doing so because of discrimination if the company can show how it routinely handles all job openings and applications.

Log performance problems and deficiencies … just in case

12/04/2008

You never know which employee is going to sue you over a lost promotion, poor evaluation or other perceived slight. That’s why you should always keep careful track of all work deficiencies and document what role they played in every employment decision.

Federal employment: Training in how to complain pays off

12/04/2008

Smart employers make sure their employees know the rules by providing information several ways.

Beaumont P.D. to pay $150,000 for sex discrimination

12/04/2008

A federal jury recently found that the Beaumont Police Department discriminated against a police officer because of her gender. The jury awarded $150,000 to Officer Tina Lewallen, who sued the department for gender discrimination in 2005 …

Lufkin Industries workers ratify 3-year labor contract

12/04/2008

Members of three unions recently ratified a new three-year contract with Lufkin Industries. The agreement will give 1,200 workers at five Texas plants wage increases totaling 11% over the term of the contract.

UT-Austin study reveals academic gender gap in pay, promotions

12/04/2008

The University of Texas at Austin has released a study showing large gaps in pay, promotions and representation between male and female professors in the university’s academic departments.

Times are changing: HR heads to Vegas to LEAP ahead

12/04/2008

It’s predicted that 2009 will bring more changes in federal employment and labor laws than in the entire eight years of the previous administration. To help HR professionals prepare, The HR Specialist is hosting the 5th annual Labor and Employment Law Advanced Practices (LEAP) Symposium March 18-20 in Las Vegas.

Your guide to medical confidentiality under the ADA and the FMLA

12/04/2008

Both the ADA and the FMLA have strict requirements for how employers must handle employees’ confidential medical information. HR professionals need to know these rules to comply with both acts—and to avoid expensive legal liability for failing to do so.