Fair Employment Practices Guidelines articles from August 2006

Fair Employment Practices Guidelines archives from August 2006

Timing is everything.
August 1, 2006... One issue that bedevils employers is firing someone after that person has claimed some protected status. For example, what does an employer do when an employee whose performance has been poor realizes he is about to be fired and suddenly...

Employer may eliminate employee's position while employee is on FMLA leave.
August 1, 2006... Employers are understandably cautious about terminating an employee who is on family leave, workers' compensation, or some other legally protected form of leave. However, as a recent case from the District of Columbia illustrates, so long as...

Comments about motherhood equal sex discrimination.
August 1, 2006... In a case of first impression, the Superior Court of Massachusetts has ruled that, under Massachusetts law, "gender stereotyping"--specifically, in this case, the belief that a woman cannot be both a good mother and a committed worker--is a...

Ask the expert: Q & A.
August 1, 2006... Q I have several questions pertaining to the FMLA. First, if an employee takes leave due to the birth of a baby, does she have to take it all at once, or can she take it part-time or in blocks, so to speak? Second, if an employee is out on...

Satisfactory vs. more favorable evaluation is not an adverse employment action.(California)(Johnson v. Lawrence Berkeley Laboratory)(Race discrimination)(Employment discrimination)(Brief article)
August 1, 2006... In Johnson v. Lawrence Berkeley Laboratory, 2006 .WL 1778850 (Cal. App. 1 Dist.) (unreported), the Court of Appeal, First District, of California affirmed the dismissal of the plaintiffs complaint alleging race discrimination (the plaintiff...

Settlement agreement was pretext for discrimination.(Connecticut)
August 1, 2006... In Jackson v. Water Pollution Control Authority of City of Bridgeport, 2006 WL 1678221 (Conn.), the Supreme Court of Connecticut affirmed a jury's finding that the Authority entered into a settlement agreement with the plaintiff as a pretext...

Stripping employee of duties constitutes constructive discharge.(District of Columbia)
August 1, 2006... The office administrator for a law firm who was summarily stripped of all her duties as office administrator, and whose employer advertised and hired an individual to replace her states a claim for wrongful discharge, the District of Columbia...

RIF is legitimate reason for discharges; no age discrimination.(Michigan)
August 1, 2006... Instituting a reduction in force/reorganization and an early retirement program to save money ($500,000), increase funding for another department, and permit eligible employees to retire earlier with increased pension benefits to avoid...

Employer discriminates when it tolerates a hostile work environment.(Montana)
August 1, 2006... In Stringer-Altmaier v. Haffner, 2006 WL 1619203, the Supreme Court of Montana held that a female business owner discriminated against a female employee (bartender; sexual harassment) when she tolerated a hostile work environment. The owner...

State law does not require employer to confirm an initial positive breath alcohol test result by a second test.(Oaklahoma (case of first impresssion))
August 1, 2006... Oklahoma Standards for Workplace Drug and Alcohol Testing Act does not require an employer to confirm an initial positive breath alcohol test result by a second test performed using a different evidential breath test (EBT) device on the same...