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Employment Law

Case against Schwan’s heats up as court backs EEOC

08/10/2011

Marshall-based frozen food giant Schwan’s attempt to quash an EEOC subpoena was stopped cold when the 8th Circuit Court of Appeals ruled the company must hand over a list of 600 Schwan’s general managers, their genders and dates of hire. The EEOC demanded the documents in connection with a sex discrimination case filed by a former employee.

Use break room posters to cut legal liability

08/10/2011

Employers know they are supposed to provide their employees with in­­­­for­mation about how to handle discrimination or harassment. Most employers put up a poster on a break room bulletin board to outline the process. This simple practice can prove invaluable when an employee tries to use ignorance as an excuse for not complaining right away.

Court: One less way to claim promotion bias

08/10/2011
The 8th Circuit Court of Appeals has refused to expand the ways in which employees who are passed over for promotions can sue. It turned down a request to allow a lawsuit alleging that previously denied promotions could be considered as evidence of bias in later promotion denials.

What’s ‘reasonable’ ADA leave? EEOC to explain

08/10/2011
After the 2008 amendments to the Americans with Disabilities Act (ADA), many more employees are now considered to have job-protected “disabilities” under the law. So when it comes to employee leave, what’s a “reasonable” accommodation for disabled people?

Jewish home fires Seventh Day Adventist for observing Sabbath

08/08/2011
File this one under “Hard to believe, but true.” A Boca Raton nursing home called Menorah House has fired a certified nursing assistant because she insisted on observing her religion’s Sabbath. She filed a complaint with the EEOC claiming she had been fired in violation of Title VII of the Civil Rights Act.

EEOC’s bias decision doesn’t bind federal court

08/08/2011
It’s not the end of the world if you receive an EEOC decision that says your organization discriminated against an employee. The decision isn’t binding and courts often don’t grant much weight to such a determination.

Minor job changes don’t make transfer adverse action

08/08/2011
Employees who claim they were trans­­ferred as punishment for complaining won’t get far if they sue. That’s because courts recognize an employers’ right to manage its work force, and that minor changes in job duties aren’t enough to justify a lawsuit.

Legitimate business reasons for decision? Feel free to fire employee who has complained

08/08/2011

Here’s a situation that many HR professionals dread: An employee complains about discrimination and you fix the problem. Then there are workplace changes and it looks as if the employee will lose her job. Should you worry about retaliation? Not so much that you start treating the employee with kid gloves.

Tell supervisors: It’s OK to criticize–even if employee has filed EEOC complaint

08/08/2011

Some employees think filing an EEOC complaint insulates them from any kind of negative action at work. They’re wrong. Employers are free to treat an employee who has complained just as they would any other employee. You can continue to invoke your usual management practices, including pointing out errors and criticizing work if the facts warrant it.

Are your employees equal-opportunity offenders? Be sure your discipline is just as colorblind

08/08/2011
Employers must make sure they hand out similar punishment for similar misconduct, regardless of the race of the employee—or any publicity that might surround the case.