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Employment Law

Gather statistical evidence to show you don’t discriminate

08/05/2008
Employees who can show that a company routinely discriminates against members of a particular protected class will have a much easier time showing that, as members of that class, they were discriminated against, too. Perform your own statistical analyses to test your hiring practices for hidden discrimination …

Keep details of discrimination settlements confidential

08/05/2008
Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement. Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit …

Remind managers: Justify deviations from disciplinary rules

08/05/2008
Handbooks and disciplinary rules help managers mete out consistent and fair discipline. But no handbook or set of rules can cover every possible disciplinary problem, and supervisors need some discretion when deciding what punishment fits the crime. The problem is that any deviation from the rules may be seen as discrimination if an employee who belongs to a protected class perceives that he has been punished more harshly than a co-worker who broke the same rule …

Worker settled case? Beware providing bad references that could lead to retaliation claims

08/05/2008
Here’s another reason to avoid providing too much information when prospective employers call for a reference on one of your former employees. Providing a negative reference for an employee who filed a previous EEOC complaint that your organization settled may lead to a retaliation lawsuit …

Courts hesitate to intervene in church leaders’ employment disputes

08/05/2008
While many employees who work for religious organizations are covered by state and federal discrimination and contract laws, some are not. Those positions that involve execution of religious doctrines probably aren’t covered …

ADA retaliation settlement gives officer promotion, pay

08/05/2008
Lance Lazoff, an officer with the Colorado Springs Police Department, will be promoted to sergeant with back pay and benefits to settle his retaliation lawsuit against the city. Lazoff alleged that, despite an exemplary service record, he was denied promotion to the rank of sergeant because of his vocal support for his wife’s claim under the ADA …

Archdiocese shifts policy after $5.5 million settlement

08/05/2008
The Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle a recent round of lawsuits claiming child sexual abuse by priests. The agreements cover 16 lawsuits and two complaints against three archdiocese priests, all of whom have since died …

Is ‘at-will’ employment at risk in Colorado? Voters will decide

08/05/2008
Colorado (like nearly every other state) historically has been an “at-will” employment state. That means employers are free to fire an employee, and an employee is free to quit, at any time, with or without cause, and with or without notice. But this fall, that could all change. Ballot Initiative 76 would amend the state constitution to eliminate at-will employment …

Paying exempt employees on an hourly basis

08/05/2008
Q. We have several positions that satisfy the duties tests for the so-called “white collar” exemptions (executive, administrative and professional). We want to pay these people hourly, rather than on a salary basis, because sometimes they perform work that would be considered nonexempt. Can we do this? …

Colorado vs. federal law on discrimination

08/05/2008
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …