Fair Employment Practices Guidelines articles from January 2006

Fair Employment Practices Guidelines archives from January 2006

Why soldiers make good employees.
January 1, 2006... Tens of thousands of troops will probably be coming home from Iraq in 2006, and most of them will likely be looking for work in the civilian sector, if they do not already have jobs to return to. The Uniformed Services Employment and...

Terminating an employee for insubordination and excessive absenteeism does not violate the FMLA.
January 1, 2006... Although the Family and Medical Leave Act prohibits employers from considering a medical leave as a negative factor in a decision to discharge or demote an employee, it is not a shield to protect employees from legitimate disciplinary action...

What is constructive discharge?
January 1, 2006... Numerous anti-discrimination and "wrongful discharge" statutes prohibit an employer from firing an employee for certain reasons (e.g., on the basis of a protected category such as race, sex, age, etc., in violation of public policy, or in...

Ask the expert: Q&A.
January 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 Up until now, our company has used an "honor system" to ask employees...

Complaining about sexual harassment is covered by state's private sector Whistleblower's Law.(Florida)
January 1, 2006... An employee may sue under Florida's private sector Whistleblower's Act for retaliatory discharge based on her report of and objection to sexual harassment. She is not limited to suing under the Florida Civil Rights Act (Rivera v. Torfino...

Employer not liable for sexual harassment "committed for purely personal reasons".(Georgia)
January 1, 2006... The plaintiff sued her former employer for sexual harassment by a co-employee. The plaintiff complained to the company president. He reprimanded the harasser, told him not to contact the plaintiff, and warned him that if he had further...

"Shifting" reasons for discharge evidences discrimination.(Indiana)(Brief Article)
January 1, 2006... "An employer's shifting reasons for a discharge decision can constitute circumstantial evidence of pretext," the Supreme Court of Indiana noted in upholding the suspension of a judge for firing his magistrate in retaliation for her refusal to...

Case of first impression: time to sue starts from notice of termination, not actual date of termination.(Maryland)
January 1, 2006... The statute of limitations for suing for discrimination under both the Maryland anti-discrimination law and the Montgomery County code begins at the time notice of termination is received, rather than on the date of actual separation from...

Plaintiff fired for insubordination, not pregnancy.(New Jersey)
January 1, 2006... The board of education produced a legitimate, nondiscriminatory reason for not rehiring the plaintiff: she was insubordinate toward the controller, who complained to the board secretary. The plaintiff produced no evidence to rebut the charge...