Fair Employment Practices Guidelines articles from July 2006

Fair Employment Practices Guidelines archives from July 2006

Defamation claims are often filed along with discrimination claims.
July 1, 2006... On a regular basis, plaintiffs who sue for discrimination (including retaliation) will also include a claim for defamation, based on the reasons given for the termination. For example, the plaintiff might argue that the alleged...

Five (or more) ways you can be sued for writing (or not writing) reference letters.
July 1, 2006... Another article in this issue discusses defamation claims in the context of discrimination suits. In this article, the focus is on letters of recommendation. The way the law stands today, employers could hardly be blamed for getting out of...

Employer coverage and employee eligibility under the FMLA.
July 1, 2006... One of the strange things about the federal Family and Medical Leave Act (FMLA) is this: in order for the act to apply, both of the affected parties must satisfy their respective eligibility requirements. The FMLA does not apply to an...

Ask the expert: Q&A.
July 1, 2006... Q We just strengthened our employee policy on drugs and alcohol. The policy now says that if there is evidence of drug or alcohol abuse by an employee at any time--whether at work or not--then we can demand a test and take disciplinary...

FEHA amended to cover harassment by third parties.(California)(Fair Employment and Housing Act)(Carter v. California Department of Veterans Affairs)(sexual harassment case)(Brief article)
July 1, 2006... In 2003, the California Legislature amended the Fair Employment and Housing Act (FEHA) to state that employers are potentially liable when third party nonemployees (e.g., the employer's customers or clients) sexually harass their employees....

Employee does not have to arbitrate claims.(Hawaii)(Brief article)
July 1, 2006... The employee handbook contained an arbitration clause. It also contained an acknowledgment form, signed by the plaintiff, which had a disclaimer saying that the policies in the handbook were guidelines and did not create a contract. On these...

Arbitration award does not preclude whistleblower claim.(Minnesota)
July 1, 2006... The plaintiff complained to the Department of Energy about irregularities where he worked. DOE forwarded the complaint to the Minnesota Department of Commerce. The DOC told the employer it could be in violation of federal regulations. Seven...

Release bars age discrimination claim.(New Jersey)
July 1, 2006... The plaintiff was 61 and was discharged after 31 years. He signed a termination agreement and release waiving his right to sue under the New Jersey Law Against Discrimination (LAD) in return for receiving almost $69,000. The plaintiff had...

Plaintiff can sue for wrongful discharge for age discrimination, despite statute forbidding such discrimination.(Ohio)
July 1, 2006... In Leininger v. Pioneer Nat. Latex, 2006 WL 1461239, the Court of Appeals of Ohio held that the trial court erred when it held that a cause of action for the tort of wrongful discharge in violation of Ohio public policy based upon age...

RIF is legitimate reason to terminate; no age or gender discrimination.(Rhode Island)
July 1, 2006... The employer in Neri v. Ross-Simons, Inc., 897 A.2d 42 (R.I. 2006) said it eliminated the plaintiff's call center manager position in an effort to cut payroll. The plaintiff argued this was a pretext because the employer failed to adhere to...