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Firing

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Don’t Rely on ‘Same-Actor’ Defense

08/01/2002

Q. If an employee claims she was discriminated against by the same supervisor who hired and fired her, does the employer have a defense to the discrimination claim? —S.D., New Jersey

Stick to facts with mental fitness tests

07/01/2002
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn’t made the appointment, his employer had. …

Don’t stack the deck in arbitration

07/01/2002
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and …

EEOC issues more guidance on anti-Muslim bias

07/01/2002
Between Sept. 11, 2001, and May 7, 2002, the U.S. Equal Employment Opportunity Commission (EEOC) received 497 job-bias complaints on the basis of Muslim religion. That’s compared with 193 complaints over …

Be Wary of Firing Overpaid Employee

07/01/2002

Q. Is it legal to terminate an employee because he makes a high salary? —J.L., Arizona

Third-party retaliation will stand up in court

06/01/2002
Gregory Fogleman claimed that the age-old parable about a son being punished for the sins of his father played out in his workplace. As a result, Gregory’s employer could pay more …

Religious bias: No special exceptions to union pact

06/01/2002
Trucker David Virts refused to work with women during “sleeper runs” because of his religious beliefs. After his first refusal, he was warned. After his second refusal, the company fired him. …

Court can enforce flextime, ‘quiet time’ as accommodations

05/01/2002
A file clerk who suffered from obsessive-compulsive disorder, a recognized disability, was easily distracted and had trouble completing her work. As an accommodation, she asked for permission to do some …

‘Past-tense’ pregnancy isn’t enough

05/01/2002
A federal district court tossed out a case brought by an office manager who claimed she was harassed during her pregnancy and fired eight months after she returned to work. Reason: …