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Employment Law

As ye ask, so shall ye receive

11/01/2007

It’s OK to pay employees more if they negotiate harder during an interview, an Ohio court recently affirmed in a lawsuit against the Grande Pointe residential care facility in Richmond Heights …

Family-Responsibility discrimination: A growing trend

11/01/2007

The EEOC has issued new enforcement guidance concerning disparate treatment of workers with caregiving responsibilities—or “family-responsibility discrimination.” The guidelines are designed to help determine whether a particular employment decision is discriminatory. Family-responsibility discrimination is not a new type of discrimination, but rather an application of the existing discrimination laws to a situation that is drawing increasing attention …

How does FMLA leave overlap with paid vacation, sick and personal leave?

11/01/2007

Q. Our employee handbook provides that employees who take FMLA leave must first use any available paid-leave time, including vacation, sick time and personal time, as part of their FMLA leave. I have recently heard that there may be limitations on an employer’s ability to require an employee to substitute his paid-leave time for unpaid FMLA leave. Can you clarify this? …

Performance appraisals help in court as well as on the job

11/01/2007

Performance appraisals are valuable tools to help put struggling employees back on track. But a low rating also can spur poor performers to consider legal action: Many discrimination suits have been launched on the wings of a poor performance appraisal. Fortunately, employers with solid appraisal systems usually have built-in defenses against such charges …

Track rejected job offers to show lack of discrimination

11/01/2007

Employees who begin to feel less valued at work often look for some underlying reason. Often they focus on suspected age, sex, national origin or some other form of discrimination. Then, when a layoff or reorganization costs them their jobs, they sue. Frequently they’ll argue that they should have been offered open positions, even if it would have meant receiving a smaller salary than they had been making …

Reduce discrimination risk by having same person hire, fire

11/01/2007

If possible, it makes sense to have the same person provide hiring and firing input. Here’s why: Logically, it makes no sense for someone to hire an applicant despite apparent protected characteristics (e.g., gender, race, religion) and then fire that person because of those same characteristics. Although it may not be enough to get a case dismissed, courts will consider it and it may persuade a jury in your favor …

Good and accurate records key to winning lawsuits early

11/01/2007

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

Partial blindness may not be an ADA disability

11/01/2007

The ADA doesn’t cover all disabilities—only those that substantially impair a major life function. There are many conditions, though serious, that don’t qualify as ADA disabilities. One of those is partial blindness. As the following case shows, unless poor eyesight affects important aspects of daily life, it’s not a protected disability …

No harm in accommodating, even without official ADA disability determination

11/01/2007

The ADA is a tricky law. Not only is it illegal to discriminate against applicants and employees with disabilities, but it’s illegal to perceive as disabled those who actually aren’t. It’s no wonder many employers fear that making accommodations might backfire. So they put off agreeing to accommodations and wait until they’re sure an employee really is disabled. But that’s the wrong response …

FMLA doesn’t require damages if employee can’t work

11/01/2007

Even if an employee has been wronged because his employer denied FMLA leave he was entitled to take, he still can’t just sit around and expect the employer to pay him until retirement age. He must make efforts to mitigate his losses by seeking out work that fits his medical restrictions …