Fair Employment Practices Guidelines articles from February 2002

Fair Employment Practices Guidelines archives from February 2002

Supreme Court says impairments must affect activities outside work. (Disability Law).(Brief Article)
February 15, 2002... The U.S. Supreme Court dealt a blow to proponents of the Americans with Disabilities Act (ADA) who believe that particular job-specific limitations should be covered by the law. In Toyota v. Williams [2002 WL 15402], the Court unanimously...

"Beck" notice requirement retracted. (Unions).(Brief Article)
February 15, 2002... As this issue went to press, a federal court had overturned President Bush's executive order requiring federal contractors to post notices informing employees of the "Beck" rights. Employees were to be told that they cannot be compelled to...

Employee limited in use of religious phrase at work. (Religious Discrimination).(Brief Article)
February 15, 2002... "Have a Blessed Day." If an employee signed a personal letter to a friend with this as a closing statement, it would be unlikely to cause a stir. Likewise, if the employee used the term in a personal e-mail, it would probably go unnoticed....

Changed requirements helps prove retaliation. (Retaliation).(Brief Article)
February 15, 2002... A manager tells you he will be posting a job and gives a list of the requirements for the job opening. If the manager later says he needs to change those requirements, it might be wise to ask the reason for those changes. A female...

Termination statements: what do you say when it's time to say good-bye? (Firing).
February 15, 2002... Although "at-will" employment means that an employer should be able to fire an employee for any reason or for no reason at all, courts often look to see that an employer had a "good reason" to fire an employee. At termination your comments...

Former employee's e-mails called "trespass". (California).(Brief Article)
February 15, 2002... Disgruntled employees or former employees can find creative ways to make their dissatisfaction known to your workplace. One former employee started his own e-mail campaign against a former employer--e-mailing nearly 29,000 current...

Antinepotism policy goes too far. (Montana).(Brief Article)
February 15, 2002... Many employers have policies that prohibit supervisory relationships with a relative or spouse. Such antinepotism policies help employers avoid favoritism. However, one company's policy banned the hiring of any relatives. The company enacted...

Older Adults Protective Service Act unconstitutional. (Pennsylvania).(Brief Article)
February 15, 2002... In 1997 the Older Adults Protective Service Act was amended to remove the 10-year limitation period for convictions involving lesser crimes. Therefore, as of 1997, no one with a criminal record--no matter how far back--would be allowed to...

"Reasonable accommodation" may not be "most desired". (Religious Accommodation).(Brief Article)
February 1, 2002... One of America's responses to the terrorist attacks last year was a renewed interest in religious traditions. People from all faiths revisited and in some cases intensified their commitment to their particular faith, and this change could...

Court confirms employee poses direct threat. (Disability Law).(Brief Article)
February 1, 2002... Although the U.S. Supreme Court is expected to issue a ruling on whether an employee who poses a direct threat only to self in the workplace can be fired under the Americans with Disabilities Act (ADA), most courts agree that an employee who...

Request for time off coincides with department shutdown. (FMLA).(Family and Medical Leave Act )(Brief Article)
February 1, 2002... An employee says he will need time off under the Family and Medical Leave Act (FMLA) at a future time. You know that by the time the need for leave comes up, the company will have sold off the employee's division, but you're not at liberty to...

Continued employment shows assent to arbitration agreement. (ADR).(Brief Article)
February 1, 2002... Employers that ask workers to enter into arbitration agreements must be able to show that the employees accepted the agreement. Some courts have said that simply remaining on the job after an arbitration agreement is announced is enough to...

When religious beliefs collide with workplace responsibilities. (Religious Accommodation).(Statistical Data Included)
February 1, 2002... When you hear the word "accommodation," do you first think of the Americans with Disabilities Act (ADA)? If you do, you may want to think again, because according to Frederick Douglas, an attorney with Ford & Harrison LLP in Atlanta, you are...

Bathroom no battleground for sexual orientation claim. (Minnesota).(Minnesota Human Rights Act)(Brief Article)
February 1, 2002... The Minnesota Human Rights Act (MHRA) prohibits sexual orientation discrimination in the workplace. The Act defines sexual orientation as "having or being perceived as having a self-image or identity not traditionally associated with one's...

Voice print is not polygraph test. (Iowa).(Brief Article)
February 1, 2002... Iowa Code Section 703.4 prohibits employers from requiring employees to submit to polygraph examinations as a condition or precondition of employment. However, the state supreme court has said that not every electronic test qualifies as a...

Release of drug test results okay. (Florida).(Brief Article)
February 1, 2002... When past employees okay the release of employment information to a prospective employer, you must read the release carefully to make certain you are sharing only the approved information. A truck driver signed a release allowing his...