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HR Management

Prevent new type of lawsuit: Credit-Check discrimination

03/01/2007

If your organization uses credit checks in the hiring process, you’d better have a sound business reason for doing so or you could face a new type of litigation …

‘Hello, Liability?’ The new trend of telephone testing

03/01/2007

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating …

Deciding on promotion? Purge file of prior litigious actions

03/01/2007

When it’s time to decide on promotions, do you send employees’ personnel files over to a supervisor or hiring committee to help make the decisions? Make sure the files don’t contain references to past discrimination claims or investigations. Otherwise, you could be inviting a passed-over candidate to sue for retaliation …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Keep references to past litigation out of employees’ personnel files

03/01/2007

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says …

Hiring interns: The 4 steps to keeping it legal

03/01/2007

Courts view interns the same as employees: as “agents” of your organization. So should you. If you use interns or plan to, advise supervisors to manage them as closely as employees, if not more so. And apply your workplace policies to them …

When are overweight employees considered ‘Disabled’?

03/01/2007

Is obesity a disability? Until recently, the answer has been “Fat chance!” But that may be changing. A recent ADA court ruling opens the door to some types of obesity being defined as disabilities …

Can we require medical tests or treatment?

03/01/2007

Q. I’m confused about when we can require physical exams or treatment. We now make employees undergo a fitness-for-duty exam when we think there is a physical or psychological reason that impairs the employee’s ability to perform the job. We also use last-chance agreements requiring medical treatment for an employee to earn reinstatement after a discharge, such as for alcohol or drug abuse. Are we courting trouble? —D.J., Michigan

Giving references: Limiting info is still safest policy

03/01/2007

Q. I’m new to the HR world. When we receive reference checks on ex-employees, what information can we (or should we) give out without a signed release? —L.M., Pasadena, Calif.

Put a stop to unauthorized overtime: 4 strategies

03/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to their policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …