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Recent articles from Employee Relations Law Journal
Designing a bonus plan that rewards attendance and productivity without violating the FMLA.
March 22, 2007... Since the passage of the FMLA in 1993, employers have struggled with the impact of the law on employee bonus plans. Their efforts have run the gamut from plans that expressly (and illegally) penalized FMLA usage, to plans that rewarded employees absent on FMLA leave no differently than...
Did you hear the one about the dumb blonde who hired an attorney? can telling dumb blonde jokes constitute sexual harassment?
March 22, 2007... While more employers have been hesitant to regulate jokes in the workplace because they do not want to be perceived as humorless, jokes can be considered offensive and even be a potential form of sexual harassment. This article examines the pervasive "dumb blonde" jokes in organizations,...
Gender as bona fide occupational qualification.
March 22, 2007... This article discusses the category of "sex" as a bona fide occupational qualification and focuses on two general situations where employers have attempted to justify gender exclusion on the basis of a BFOQ: customer preference and customer/client privacy.
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The...
Obesity-related "perceived disability" claims: legal standards and human resource implications.
March 22, 2007... This article discusses evolving federal and state legal standards pertaining to obesity-elated perceived disability claims, identifies specific evidence that has been found to either support or refute such claims, and provides employers practical guidance for limiting the risk of litigation...
In a class by themselves: the legal status of employee appearance policies under title VII after Jespersen v. Harrah's Operating Co.
March 22, 2007... This article discusses the status of appearance rules under Title VII after Jespersen.
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For 20 years, Darlene Jespersen was a competent and popular bartender at Harrah's Casino in Reno, Nevada. In 2000, Harrah's launched a "Personal Best" employee appearance program that...
