• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Is it OK to substitute paid leave for FMLA leave?

11/03/2014
Q. May an employee substitute paid leave for unpaid FMLA leave?

How far do we have to go to provide work when an employee returns from FMLA leave?

11/03/2014
Q. I am the owner of a security services company. One of my rank-and-file employees is currently on leave from work under the FMLA. Due to an economic downturn, I have been forced to reduce the number of shifts available to my employees. If there is no longer a shift available for this employee when he returns from FMLA leave, am I be required to find or create a shift for him?

EEOC: BNSF violated ADA

11/03/2014
Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer

11/03/2014
Some disabled employees seem to think that the accommodation they prefer must be the one they get as long as it meets the definition of “reasonable.” They’re wrong.

Consider job restructuring as disability accommodation

11/03/2014
These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.

Shoot for dismissal if employee’s harassment case is based on only one comment

11/03/2014
Courts don’t want to spend all their time mediating minor workplace disputes. Judges aren’t HR professionals and don’t want to run your business. Keep that in mind the next time an employee files a lawsuit based on one or two allegedly hostile incidents. Chances are, the case will be dismissed.

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014
Here’s a warning for public em­­ployers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

Restaurant fires pregnant waitress for baby’s safety

11/03/2014
The EEOC has sued Arthur’s Res­tau­rant and Bar in Addison for pregnancy discrimination after a waitress who was expecting a baby was allegedly fired when she was “beginning to show.”