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Employment Law

Sex harassment complaints only in writing?

07/01/2008
Q. Our regional manager wants me to revise our sexual harassment policy to require that complaints be in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I’m not sure this is a good idea. Is it? …

Are we legally obligated to rehire a disabled ex-employee?

07/01/2008
Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee?

Red Light, Green Light: How HR Must Prepare for Political Change

07/01/2008
Election Day could bring enormous changes to the world of labor and employment law. Don’t wait until Nov. 4 to react. Here are the three potential scenarios for change, the eight key legislative issues in the hopper and the five things you can do right now.

U.S. citizenship status irrelevant to Title VII claims

07/01/2008
While Title VII of the Civil Rights Act protects employees from discrimination based on national origin, it does not separately protect employees from discrimination based on their citizenship status. What counts is alleged discrimination based on the country of origin, not whether someone is a citizen of the United States or some other country …

Review all reprimands so they don’t become ‘Adverse actions’

07/01/2008
Even something as routine as a reprimand may end up being the basis for a lawsuit. That’s why someone in the HR department should be in charge of making sure that all disciplinary actions, including reprimands, are applied fairly and evenhandedly …

Beware applicants who are really union organizers

07/01/2008
If your company isn’t a union employer, that doesn’t mean you can ignore the National Labor Relations Act. Chances are, someone wants to make your company a union workplace and will try to trick you into becoming one. In fact, one of your job applicants may be that wolf in sheep’s clothing. He or she will lie to get a job—and then call in the union organizers …

Obama weighs in on Amendment 46

07/01/2008
What does the country’s first black presumptive presidential nominee think of Colorado’s proposed constitutional Amendment 46, which would ban affirmative action in state government and education? An Obama campaign spokeswoman said he “opposes these ballot initiatives, which would roll back opportunity for millions of Americans …"

State workers get union ballots

07/01/2008
A drive by the labor coalition Colorado WINS to represent 32,000 state government employees through “partnership agreements” has seen a successful, if not overwhelming, first round. Roughly 30% of 22,500 state workers who received ballots in May returned them, with a majority voting to join in the agreements …

The right way to prepare for layoffs … and some alternatives

07/01/2008
Because of the nationwide economic slump, layoffs are a hot topic these days. What sort of employment law issues should HR professionals consider when the possibility of laying off workers becomes increasingly likely? Here’s a step-by-step guide for smoothing out a difficult and painful process …

About those waiver-and-Release agreements

07/01/2008
Q. Are there any special requirements for waiver-and-release agreements? …