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Employment Law

Anti-discrimination laws protect contractors, too

11/13/2018
Employers that use independent contractors must make sure their assignments aren’t racially discriminatory.

Double-check date of EEOC complaints: Employees have just 300 days to file

11/13/2018
Workers often start the litigation process on their own by filing a complaint with the EEOC. Carefully check the date on every EEOC complaint form to see if it’s possible to get a case tossed out because it wasn’t filed in time.

Feel free to consider past discipline when rehiring staff you previously laid off

11/13/2018
When workers apply for other, open positions that they’re at least marginally qualified for, their past disciplinary history may be a good reason to not rehire them.

ADA: Permanent part-time work not reasonable

11/13/2018
Employers aren’t required to create new positions as reasonable accommodations for disabled workers, or farm out so much work to co-workers that the job becomes part-time.

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Nix nixed light duty for pregnant employee

11/13/2018
Nix Health, a hospital in San Antonio, faces charges it violated the Preg­nancy Discrimination Act when it refused a pregnant worker’s request for a light-duty assignment.

Midterms to affect employment law landscape

11/08/2018
Two years of Republican control of Washington ended Nov. 6 with Democrats seizing control of the House of Representatives. That gives Democrats some say on setting the legislative agenda, including employment law issues.

How to legally limit recording devices in the workplace

11/06/2018
Be it a smartphone, tablet or laptop, cameras and voice recording systems are everywhere. Employers can take concrete steps to limit how much of the technology is allowed in the workplace. But those policies may violate state and federal laws if not carefully crafted.

Fifth EEOC complaint filed against Bryn Mawr Trust

11/06/2018
A woman who worked at Bryn Mawr Trust in Pennsylvania was fired shortly after corroborating a co-worker’s account during an investigation into race and sex discrimination charges at the bank, according to a complaint filed with the EEOC.

Punishment for ending affair creates liability

11/06/2018
A consensual sexual affair may not mean automatic liability for sexual harassment or sex discrimination, but punishing an employee for ending an affair does.