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Employment Law

Conducting online background checks? Beware the pitfalls

11/16/2010
Online tools can be highly valuable in recruiting and selecting the best candidates and screening out bad hires. Despite the potential advantages, those activities come with potential employment law risks that are still evolving due to the relatively recent emergence and growth of social media. Some of the obvious and not-so-obvious legal risks:

Fired for Cubicle Exorcism: Is That Religious Bias?

11/16/2010
The EEOC says you must “reasonably accommodate” employees’ religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away…

Can we fire an employee for refusing to take a lie detector test?

11/15/2010
Q. One of our employees filed a sexual harassment complaint against another worker. After interviewing both parties, we are unable to resolve the credibility conflict. We asked the accused co-worker to take a polygraph exam, but he refused. Can we fire the employee for refusing to take the lie detector test?

The best defense against bias lawsuits: Equal treatment for all your employees

11/15/2010
An employee who thinks her supervisor is out to get her may be on the lookout for perceived discrimination. She can turn a negative performance appraisal into a bias lawsuit. The only way to prepare for surprise lawsuits is to consistently treat all employees alike and document that fair treatment. For example, performance evaluations should include as many objective measures as possible, making it easier to compare employees.

Baytown falls victim to growing age bias lawsuit trend

11/15/2010
Former Baytown municipal employee Richard Hensley is suing the city, arguing that a negative performance appraisal he received reflects a pattern of discrimination against older workers. The lawsuit argues that the city of Baytown routinely replaces older employees with younger, unqualified replacements.

When harassment allegations surface, launch comprehensive investigation right away

11/15/2010

Are you sure your company is doing everything it can to prevent lawsuits? Start by looking at how you react to discrimination complaints. If you know exactly what to do from the moment an employee first complains until he or she files a federal lawsuit, there’s no need to read further. But if you hesitated for even a moment, keep reading.

Good documentation wins cases–even sensitive ones

11/15/2010
Having complete records of why you disciplined an employee often gives a court the information it needs to decide whether you’ve discriminated—or even retaliated against someone who has leveled serious charges against you.

Can a severance agreement waiving age claims prevent an ADEA suit?

11/15/2010
Q. We are considering terminating an employee who will turn 41 this month. Can we ask him to sign a severance agreement that includes a release of his age discrimination claims under the ADEA?

What hours can young teenagers work?

11/15/2010
Q. We have several employees who are 14 and 15 years old. Could you provide the specifics of the new regulations the U.S. Department of Labor recently issued relating to the work hours for these employees?

How should we report new hires?

11/15/2010
Q. What are an employer’s obligations to report new hires?