Fair Employment Practices Guidelines articles from August 2002

Fair Employment Practices Guidelines archives from August 2002

EEOC's ADA rule applies to feds but has lessons for all. (Disability Law).(Equal Employment Opportunity Commission)(Americans with Disabilities Act)(Brief Article)
August 15, 2002... The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new rule that clarifies how the Americans with Disabilities Act (ADA) works with the Rehabilitation Act (the government equivalent of the ADA) when dealing with federal...

Be prepared for lawsuits. (Employer Defenses).(importance of documentation)(Brief Article)
August 15, 2002... Sooner or later, your company will be hit with an employment-related lawsuit. To some degree, it is a cost of doing business, says Marcia K. Keegan, a labor and employment attorney with Wiggin & Dana (Hartford, Conn.). Keegan spoke to a...

Court requires disability for medical exam complainant. (Disability Law).(Americans with Disabilities Act of 1990)(Brief Article)
August 15, 2002... Many courts have said that when it comes to "improper" medical exams, workers who are disability-free are also protected by the Americans with Disabilities Act (ADA). The theory is this: If a pre- or post-offer medical exam is found to...

Objection to arbitrator must be raised at hearing. (Alternative Dispute Resolution).(American Arbitration Association standards)(Brief Article)
August 15, 2002... "Arbitration is a matter of contract," says the U.S. Court of Appeals for the Fifth Circuit, and it is this contract that controls everything from what matters are brought to arbitration to how the arbitrator is chosen. An employer went...

Suspension with pay was not retaliation. (Sexual Harassment).(United States labor law)(Brief Article)
August 15, 2002... When conducting a sexual harassment investigation, it is often necessary to physically separate the individuals involved in the complaint. Of course, employers must be careful to avoid retaliation. A woman reported that her supervisor had...

Is employment practices litigation insurance right for your company? (Employer Defenses).
August 15, 2002... According to Jury Verdict Research, the median amount of money damages paid by employers in employment cases is $200,000. Add in defense costs, and it's understandable why many employers are turning to employment practices litigation...

LTD limits mental illness coverage. (Minnesota).(long term disability and Minnesota Human Rights Act)(Brief Article)
August 15, 2002... The state supreme court has ruled that an employer's long-term disability plans may set different benefits limits for mental and physical illnesses under the Minnesota Human Rights Act (MHRA). The court cited several federal cases for the...

Employer may reveal info on third parties. (West Virginia).(labor law United States)(Brief Article)
August 15, 2002... When faced with discrimination claims, employers may need to reveal sensitive information about others in the workplace. Of course, these "third parties" may not be happy about the release of information, but the state supreme court has said...

Lying "to" employer is not defamation. (Texas).(business communication law)(Brief Article)
August 15, 2002... According to the state supreme court, an employee who lies to an employer is not the same as an employee who lies for the employer when it comes to defamation. In the case, a worker claimed that her supervisor defamed her by revealing to an...

Older employee benefits unprotected by law. (California).(Fair Employment and Housing Act)(Brief Article)
August 15, 2002... The state supreme court has said that the age discrimination protections of the Fair Employment and Housing Act extend to hiring, discharging, suspension, and demotion, but not to employee benefits such as educational assistance. In the case,...

Sign for HRFlash. (From the States).(human resources information and weekly e-mail service)(Brief Article)
August 15, 2002... Get the latest late-breaking news and HR information--sign up for HRFlash, our free weekly e-mail service. To sign up, simply send an e-mail to hrflash-request@bbplists.com and type the word subscribe in the subject line and body. If you have...

Changing population strengthens need for diversity training. (Quick Looks).(Society for Human Resource Management survey)(Brief Article)
August 15, 2002... A new survey on workplace demographic trends by the Society for Human Resource Management (SHRM)--The SHRM[R] 2002 Workplace Demographic Trends Survey--finds that the changing face of the U.S. workplace is impacting organizations and will...

INS and DOL at loggerheads. (Quick Looks).(United States Immigration and Naturalization Service and Department of Labor)(Brief Article)
August 15, 2002... A recent report from the U.S. General Accounting Office gives an overview of why the Immigration and Naturalization Service (INS) has had trouble enforcing immigration laws. The report specifically cites problems between the INS and the U.S....

Major companies backing ENDA. (Quick Looks).(United States Employment Non-Discrimination Act)(Brief Article)
August 15, 2002... BP, the largest oil and gas producer in America, has joined 65 companies, including Shell Oil, Coors Brewing, AT&T, and Xerox, in their support of the Employment Non-Discrimination Act (ENDA), a bill that would prohibit discrimination based...

My employee did what with the computer? (Privacy/Company Policies).(Brief Article)
August 1, 2002... As more and more employees telecommute or take company laptops with them on the road, employers may want to make sure they have policies and training programs in place to protect employers from liability should the employee use the computer...

The interactive process: strong tool for defending discrimination claims. (Disability Law).(making workplace accommodations for people with disabilities)
August 1, 2002... When you consider an overview of suits under the Americans with Disabilities Act (ADA), you find that many courts opt to simply accept that particular impairments are ADA disabilities. The courts then move on to determine whether a particular...

Recovered addict may have deserved job. (Disability Law).(Brief Article)
August 1, 2002... The Americans with Disabilities Act (ADA) protects recovered drug addicts. "Recovery" requires a substantial period of drug-free time. While remaining drug-free for only a few months will not give an employee ADA protection, the longer an...

Drivers were employees, not independent contractors. (Unions).(decision of the U.S. Court of Appeals for the District of Columbia Circuit)(Brief Article)
August 1, 2002... After an employer fired several owner-operator delivery drivers for attempting to unionize, the National Labor Relations Board claimed the employer had violated the National Labor Relations Act (NLRA). The employer argued that the drivers...

High court to decide state immunity and the FMLA. (FMLA).(Family and Medical Leave Act )(Brief Article)
August 1, 2002... The U.S. Supreme Court has agreed to decide whether public-sector employees have the right to sue their former employers under the Family and Medical Leave Act (FMLA). The state employee in this case was fired after taking more than 12 weeks...

Set appropriate policies for document shredding. (Company Policies).
August 1, 2002... Although Enron's recent legal battles have brought document shredding to the forefront, shredding has always been a part of daily business. In fact, most employers regularly go through files to determine what must be saved or be destroyed....

Adultery is not protected marital status. (Michigan).(court decision)(Brief Article)
August 1, 2002... A golf pro was fired because he flaunted an adulterous affair at the country club where he was employed. Members of the club found the affair (and the messy divorce that followed) unprofessional and opted not to renew his contract. He sued,...

Recommendations' silence okayed. (Washington).(state Court of Appeals decision involving sharing information that could be harmful to job applicant)(Brief Article)
August 1, 2002... A school district failed to dislose in its letters of recommendation for a school custodian that he had been charged with improper conduct toward children while in the district's employ. The charges were never proven and involved no physical...

Continued work is a "yes" to arbitration. (Texas).(Texas state Supreme Court decision)(Brief Article)
August 1, 2002... The state supreme court has said that an employee need not sign an acknowledgment form when being asked to accept a new arbitration agreement, provided the employer clearly states that continuing to work with knowledge of the announced...

Firing sick worker not a "workplace injury". (Colorado).(Brief Article)
August 1, 2002... The state workers' compensation act covers injuries that "occur in the course of" a worker's employment. One employer sent supervisors to a worker's home to terminate him in his sick bed while he was recuperating from a heart condition. A...

City claim must come before lawsuit. (Pennsylvania).(Brief Article)
August 1, 2002... Philadelphia has its own municipal discrimination ordinances and its own commission dedicated to investigating discrimination claims. Recently, a state court ruled that employees must file with the city agency before they can file private...

DOL to help employers survive the "regulatory jungle." (Quick Looks).(new initiative from the Department of Labor)(Brief Article)
August 1, 2002... U.S. Secretary of Labor Elaine L. Chao has announced a major new initiative to help employers better understand and meet their responsibilities to protect workers. The new policy will provide small businesses with better knowledge and tools...