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Employment Law

What’s going on? It seems like we’re being investigated twice for bias

10/12/2012
Q. We received a charge from the EEOC and we’re dealing with it. Now we’ve received correspondence from the state equal opportunity agency, too. What’s up? Are we going to be investigated twice?

What to do when enforcement agencies come knocking

10/12/2012

The federal government, most states and some municipalities all have agencies charged with enforcing employment laws. Employers are most likely to have contact with agencies that enforce anti-discrimination laws. How you deal with those enforcement agencies when discrimination charges surface matters a lot.

Female chauffeurs sue Saudi prince, limo company

10/12/2012
Three fired female drivers filed gender discrimination complaints with the EEOC against Prince Abdul-Rahman and Crown Prince Limousine and its owner. Following the EEOC’s unsuccessful attempt to mediate the complaint, the women have now filed suit in federal court.

Lund Boat gets on board with hiring female applicants

10/12/2012
New York Mills-based Lund Boat and parent company Brunswick Corp. have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Lying to the EEOC isn’t grounds for defamation suit

10/12/2012
Good news for employers faced with a former employee who tries to add defamation to his case based on alleged employer misrepresentation. What you say to an agency like the EEOC can’t be grounds for a separate defamation action.

Feel free to fire! There’s no reason you have to tolerate threatening behavior

10/12/2012
Have you had it with an em­­ployee who can’t seem to get along with others and who constantly tries to intimidate co-workers? If warnings don’t help, fire him.

There’s just no guessing about cross-dressing: Focus hiring on qualifications, not appearance

10/12/2012
While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.

No ’50 state club’ for us! Barkeeps cry harassment

10/12/2012
Two former Hilton Minneapolis bartenders are suing the downtown hotel, claiming they were punished for spurning a female manager’s sexual overtures and then complaining about sexual harassment.

8th Circuit relaxes meal break pay requirements

10/12/2012

The DOL says meal times are paid time unless employees are completely relieved of their duties during breaks. The 8th Circuit says the correct rule is that employers can require employees to be ready to work during meal times without affecting its unpaid status. This is known as the “predomi­nantly for the benefit of the employer” standard.

ADA: Stand by truly essential job functions

10/12/2012
Courts usually defer to an em­­ployer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.