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Employment Law

Are we allowed to ask questions about an applicant’s family medical history?

10/10/2013
Q. We make offers to applicants contingent on passing a physical examination. As a part of the examination the doctor asks for a medical history, including questions about the applicant’s family medical history. We have heard that we should not ask about the applicant’s family medical history, but we aren’t sure if that’s true. Should we not ask for this information?

Don’t let response to domestic violence & sexual assault land you in court

10/10/2013
Most of the time, employers that learn that someone is experiencing some form of domestic violence try to do what they can to help the em­­ployee manage the situation. Some­­times, however, employers aren’t exactly supportive. The EEOC has taken the position that, on occasion, employer missteps in these situations may be a form of discrimination under federal law.

Settlement ends Minnesota Senate’s lurid lawsuit

10/10/2013
The Minnesota Senate has finally settled with former legislative aide Michael Brodkorb, who sued after he was fired in the wake of a romantic affair with then-Majority Leader Amy Koch.

Buffalo company faces bias, retaliation lawsuit

10/10/2013
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.

State High Court rules that tips are always wages

10/10/2013
A class of 750 bartenders, waiters and security guards who worked for the now-defunct Drink and Spin nightclubs in Minneapolis has won a wage lawsuit that made it all the way to the Minnesota Supreme Court.

No discrimination if worker didn’t suffer adverse action

10/10/2013
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.

Focus on expectant mom’s work performance, not her pregnancy

10/10/2013
Here’s a simple message you can pass on to bosses dealing with pregnant employees: Tell them the only appropriate response is to offer the mother-to-be a congratulations when she announces her pregnancy.

Carefully document RIF strategy to guard against discrimination claims

10/10/2013
Employees terminated ­during RIFs sometimes believe they were hand-selected for layoff because of discrimination or retaliation for prior complaints. Smart employers consider that possibility and carefully document the RIF process to show when the possibility of layoffs was first considered and how employees were picked for termination.

Love blooms at work? Isolated romance doesn’t always mean hostile work environment

10/10/2013
When men and women work together, romantic relationships are bound to occur. Even rules that prohibit such relationships—at least between supervisors and subordinates—won’t stop that from happening. But an isolated affair isn’t a legal kiss of death.

EEOC sues Davis Typewriter over surveillance tape

10/10/2013
The EEOC has sued Worthington-based Davis Typewriter after a manager streamed video from a company surveillance tape on his computer—allegedly so he could ogle a female subordinate’s breasts.