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Employment Law

‘Equal-opportunity harasser’ defense may not save you in court

01/01/2005
You may think that if an employee subjects both male and female co-workers to the same offensive conduct, employees of neither sex can file a sexual-harassment lawsuit.
In past cases, …

Well-meaning assistance won’t always mean you view worker as ‘disabled’

01/01/2005
If your organization regards an employee as having a
“disability”, even if his or her condition doesn’t rise to the Americans with Disabilities Act (ADA)’s definition, your actions could cause …

You’re not required to give reservists a post-duty rest period

01/01/2005
If you have military reservists on staff, you can call them to work right after they return from their weekend duty or other service obligations. Contrary to what you may have …

Abercrombie settlement: a lesson in hiring for ‘looks’

01/01/2005
In what the Equal Employment Opportunity Commission (EEOC) labels a “landmark” settlement, retailer Abercrombie & Fitch is shelling out nearly $50 million to settle three employment discrimination suits …

Temps can no longer bargain alongside regular employees

01/01/2005
Good news for employers: A new National Labor Relations Board (NLRB) ruling makes it much more difficult for temporary employees to join the same union as the organization’s permanent employees.
…

New Web site targets companies that have sent jobs packing

01/01/2005
The AFL-CIO is providing a new online soapbox for employees who’ve seen their jobs moved overseas. The union has launched a new Web page that lists 200,000 U.S. employers who have …

Use ‘restrictive covenants’ to limit damage from staff defectors

01/01/2005
You were annoyed last week when your company’s sales manager quit. He’d been in that job for 15 years and didn’t give any notice. But today, four of your best sales …

Don’t offer comp time to nonexempt employees

01/01/2005

Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time? —J.C., Ohio

Illness controlled by medicine can still be a ‘disability’

01/01/2005
Issue: Whether employees are considered “disabled” if their ailments can be kept in check by corrective treatments.
Risk: Many employers wrongly assume that corrective treatments wipe out an employee’s ADA …

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …