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Employment Law

No bling for EEOC: Judge blasts mishandling of bias claim

05/12/2014
The EEOC had one of its long-running cases dismissed after a federal judge in Buffalo criticized the commission’s handling of a discrimination case against Sterling Jewelers.

Violence against woman isn’t automatically sex bias

05/12/2014
While it’s always unacceptable, just because a man hits a female co-worker doesn’t mean she has a sex discrimination or harassment case.

Quickly addressing alleged retaliation saves the day

05/12/2014
You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive re­­tali­­ation in every slight change in their work situation. How you react can mean the difference between winning or losing a retaliation lawsuit.

Workplace tiff doesn’t mean workplace was necessarily a hostile environment

05/12/2014
Some employees seem to think that any uncomfortable situation at work can become the basis for a lawsuit. Fortunately, they are wrong. Co-workers don’t always get along, but that’s hardly grounds for a hostile work environment charge.

For a quick trip to court, allow casual accommodations for some but not others

05/12/2014
Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.

Worker facing discharge claims harassment? Investigate first, then fire if still warranted

05/12/2014
Sometimes, employers don’t learn about alleged discrimination or harassment until an employee brings up the claim when facing discharge for other reasons. If that happens, how should you respond?

Harassment fear won’t excuse insubordination

05/12/2014

When harassment allegations surface, we often advise separating the two parties to minimize chances of more misbehavior. Sometimes, employees find their own ways to keep away from harassers. However, business realities can make that unsustainable.

Beware letting work happen on FMLA leave

05/12/2014

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

How to handle requests for confidentiality

05/12/2014

Say an employee stops by your office with a troubled look on her face. She has a complaint, but wants to speak with you “off the record.” Can you comply with her request for confidentiality? Should you?

Employee hurt while driving out of company parking lot: Is she due workers’ comp?

05/09/2014
Each state’s workers’ compensation law is different, but most say employees’ injuries are covered if they occur during the “course of employment.” Sometimes that can be a close call … in this case, one foot.