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Employment Law

Accommodate–don’t dismiss–disabled worker

02/09/2012
Disabled employees may have trouble doing their jobs without an accommodation. If you simply tell the employee to figure out a way to perform the job and refuse to help find an accommodation, the em­­ployee may quit and apply for unemployment.

Use harassment hotline? Keep detailed records

02/09/2012
Chances are, you have a sexual harassment policy that gives em­­ployees several ways to report har­­ass­­ment—maybe including a hotline for phoning in problems. But beware: An employee may file an EEOC complaint before you even have a chance to investigate alleged harassment. If that happens, your hotline records may play a crucial role in your defense.

Spike in religious, national-origin job bias claims

02/09/2012
For the second year in a row, the EEOC received a record number of employee job discrimination claims (99,947 in 2011). New EEOC figures show that religious and national-origin bias claims saw the biggest increases last year, up 10% and 5%, respectively.

Fed contractors face new disability staffing quotas

02/08/2012
The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.

HR’s loose lips can sink your company’s defense

02/07/2012
Sometimes in HR, you know more than you want to know. But as this new court ruling shows, sharing in­­side information with an employee isn’t a smart move … for your em­­ployer or your career.

Can dermatologist tell worker to tone down the tan?

02/06/2012
Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?

NLRB’s latest crack at social media policy? What a mess!

02/03/2012
In late January, the National Labor Relations Board released an “Operations Management Memo” that purports to offer additional guidance to employers and HR professionals concerned about employees’ use of social media. I can sum up the NLRB’s report in three words: What a mess.

OSHA scratches surface, finds unexpected chicken problems

02/03/2012
Some companies are careless, some are unlucky. Apparently Case Farm Chickens is both. Not only is the company facing $288,000 in fines for 61 OSHA violations, but it experienced an ammonia leak the day OSHA inspectors showed up at its Wineburg facility.

Panera Bread gets double helping of bias litigation

02/03/2012
An Ohio Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Quit over offensive graffiti? He can get unemployment

02/03/2012
Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.