Fair Employment Practices Guidelines articles from December 2006

Fair Employment Practices Guidelines archives from December 2006

Employer can fire employee for refusing medical examination.
December 1, 2006... Under the Americans with Disabilities Act (ADA), an employer may ask for a medical examination of an employee when there is reason to question the employee's ability to perform the essential functions of the job, or as a follow-up on a...

"Fitness for duty" exam is not an invasion of privacy.
December 1, 2006... In Christy v. Continental Tire North America, Inc., 2006 WL 3085636 (N.D. Ohio), the district court addressed three issues, which it decided as follows: (1) the company was justified in requiring the employee to undergo a "fitness for duty"...

WARN Act: September 11 wasn't "unforeseen business circumstance".(Worker Adjustment and Retraining Notification Act of 1988)(Allen v. Sybase, Inc., 2006 WL 3020595 (C.A. 10 (Utah)))
December 1, 2006... The Worker Adjustment and Retraining Notification Act (WARN, enacted 1988) provides protections to workers, their families, and communities by requiring employers to provide notification 60 calendar days in advance of plant closings and mass...

Ask the expert: Q & A.(employee benefits)
December 1, 2006... Address questions to Gerard P. Panaro, at Howe & Hutton, Ltd., 1901 Pennsylvania Avenue NW, Washington, DC 20006, tel. 202-861-1314, or e-mail at gpp@ howehutton.com. Q We are trying to write a maternity leave policy that gives our...

Employer can fire employee for religious proselytizing.(California)
December 1, 2006... In Ng v. Jacobs Engineering Group, 2006 WL 2942739 (Cal. App. 2 Dist., 2006), the California Court of Appeal held that an employer did not violate state law by terminating an employee who, in disobedience to company policy and specific...

Race discrimination claim barred by statute of limitations.(Connecticut)
December 1, 2006... Small v. Bridgeport Trade & Technology Center, 2006 WL 3042667 (Conn. Super.) (not reported), shows how strictly courts apply statutes of limitations. The plaintiff filed his complaint with the Connecticut Commission on Human Rights and...

No racial, sexual discrimination or harassment found.(Michigan)
December 1, 2006... In Mayville v. Ford Motor Co., 2006 WL 3040672 (Mich. App. 2006) (unpublished), the plaintiff, a white female, sued Ford for race and sex discrimination, racial and sexual harassment, and retaliation under the Michigan Civil Rights Act...

No sexual harassment, just frustration over failed romance.(New Jersey)
December 1, 2006... In Fernandez v. Pathmark Stores, Inc., 2006 WL 3093717 (N.J. Super. A.D., 2006) (unreported), the New Jersey appellate court held that the plaintiff failed to prove sexual harassment. The plaintiff and a coworker had a consensual intimate...

Staring at someone isn't sexual harassment.(Ohio)
December 1, 2006... "Staring at someone, without more, is generally not sufficient to create a hostile work environment," the Ohio Court of Appeals said in affirming summary judgment for the employer in Brock v. Eaton Corp., 2006 WL 3030975 (Ohio App. 8 Dist.)....

Employee fired because skills no longer needed, not because of race.(Texas)(Niu v. Revcor Molded Products Co., 2006 WL 2925114 (Tex. App. Fort Worth))(Brief article)
December 1, 2006... The plaintiff, a Chinese American and an engineer whose job was to develop, design, and manufacture new products, alleged he was terminated due to his race. As evidence, he said his boss ridiculed his Chinese accent, told him to speak...