Fair Employment Practices Guidelines articles from January 2005

Fair Employment Practices Guidelines archives from January 2005

Dealing with false claims of unlawful harassment.
January 1, 2005... An employer is clearly entitled to terminate or otherwise discipline an employee who files a false claim of sexual or other forms of unlawful harassment. Be sure, however, to distinguish between a mistaken claim and a false claim. The legal...

DOL issues proposed regulations on rights of employee-soldiers.(Department of Labor)
January 1, 2005... Ten years after enactment of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the Veterans' Employment and Training Service (VETS) of the Department of Labor has issued proposed regulations interpreting and...

Tenth circuit invalidates FMLA definition of "worksite".(Family and Medical Leave Act)
January 1, 2005... Section 825.111(a)(3) of the DOL regulations implementing the FMLA, defining the term "worksite" in joint employer cases for purposes of determining whether the employer employs at least 50 persons within a 75-mile radius, to determine...

Terminated 78-Year old fails to prove age discrimination.(Hawaii)(Brief Article)
January 1, 2005... The plaintiff worked as a people greeter for Sam's Club, a division of Wal-Mart Stores for several years before being terminated. He sued for age discrimination under federal and Hawaii law. The district court ruled for Wal-Mart and the Ninth...

"Similarly situated" means same rank and employment history.(Michigan)(Brief Article)
January 1, 2005... A Haitian immigrant employee who was fired for fighting when the other employee in the fight was not fired did not suffer national origin discrimination under Michigan's Civil Rights Act because he did not prove that he was "similarly...

LAD does not prohibit nepotism.(New Jersey)(Law Against Discrimination)
January 1, 2005... The New Jersey Law Against Discrimination (LAD), which forbids discrimination on the basis of "familial status," does not prohibit hiring on the basis of family relationships, the Appellate Division of Superior Court held in Bumbaca v....

Subjective reason for non-hire does not prove discrimination.(Rhode Island)
January 1, 2005... The plaintiff in Casey v. Town of Portsmouth, 2004 WL 2845979, 861 A.2d 1032 (R.I. 2004), claimed that he was not hired due to his age in violation of the Rhode Island Fair Employment Practices Act and the Rhode Island Civil Rights Act. The...

Ask the expert: Q & A.
January 1, 2005... Address questions to Gerard P. Panaro, at Hutton & Howe, Ltd., 1901 Pennsylvania Avenue NW, Washington, DC 20006, tel. 202-861-1314, or e-mail at gpp@howehutton.com. Q Am I correct in assuming that as long as I have a non-discriminatory...