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Employment Law

Pregnancy of employee’s child may trigger FMLA leave

11/01/2006

The FMLA allows employees to take job-protected leave for the birth or adoption of their child. But can an employee legally take FMLA leave when his or her child is having a baby? In most situations, the answer is "no." But that’s not always the case …

You can delay disability accommodations for safety reasons

11/01/2006

While the ADA entitles disabled employees to workplace accommodations, it’s important to recognize that health and safety always take the front seat …

Infertility is considered a disability under ADA

11/01/2006

Employees who are infertile may qualify for reasonable accommodations under the ADA. That’s true even if the underlying medical condition that caused the infertility has been cured. As a result, you may be required to give infertile employees time off for fertility treatments and even adoption planning …

Ethnic name isn’t a ‘Head-Start’ to bias claim

11/01/2006

Employees whose names people associate with a particular religion, origin or ethnicity can’t automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case …

Race-Based assignment isn’t always discrimination

11/01/2006

It’s typically not wise to assign employees to working groups based on race, sex or any other protected characteristic. But you won’t always be liable for discrimination in such cases. Just make sure you have a valid business-based reason for doing so, and then apply that policy consistently to affected employees …

Car pooling isn’t paid time unless employer requires it

11/01/2006

Employees’ typical home-to-work commutes are not compensable time, and that doesn’t change just because employees meet up at a designated place and take a car pool or van pool to work …

Don’t fear that settling a lawsuit will affect later case

11/01/2006

If you’re reluctant to settle an EEOC case out of fear that it will set a precedent for other claims made against your organization, here’s a piece of good news: An employee can’t base a discrimination claim on a settlement that you reached with another employee …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Minimum wage plays big role in state elections

11/01/2006

This month’s elections may see more states adopt minimum-wage increases as they tire of waiting for Congressional action. After the ballots are counted, more than half of the states could be sitting on minimum-wage levels above the federal $5.15 per-hour threshold …