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Employment Law

Dollar General to pay $50K to settle harassment lawsuit

09/22/2011
Three former Dollar General em­­ployees will split $50,000 now that the retailer has agreed to settle an EEOC lawsuit that claimed it failed to adequately address sexual har­assment complaints against a male manager who worked at stores in Greensboro and Pleasant Garden.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

When bullying hits workforce, expect legal fallout

09/22/2011
Some schoolyard bullies grow into workplace bullies. In most cases, their behavior won’t lead to a lawsuit. But that’s not always the case.

Terminating pregnant employee? Gather proof you would have done so despite condition

09/22/2011

Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.

4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

09/22/2011
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.

Hair triggers religious bias suit against Taco Bell

09/22/2011
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Follow DOT rules for drivers with disabilities

09/22/2011
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.

What’s the NLRB’s real stance on employees’ social media criticism of employers?

09/21/2011
Q. We’ve heard about the National Labor Relations Board’s focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on? 

Treating some minorities well doesn’t excuse bias against others

09/21/2011
By now, every employer understands that Title VII prohibits discriminating against employees because of their race. A recent 7th Circuit case makes clear a subtle but important point about race bias: Employers can’t de­­fend discrimination against some members of a protected class by claiming they don’t discriminate against all members of that class.