If you regularly hire “casual” workers for short assignments, it’s a good idea to keep careful track of the assignments you offer. You should monitor and record how many assignments each worker accepts and rejects.
If you eventually remove someone from your available pool list and then get sued for discrimination, you’ll have concrete evidence to show the real reason you dropped the worker.
Recent case: Lucille Kelly, age 69, worked as a substitute teacher for the Humble Independent School District. The school district uses an automated system to call registered substitute teachers with possible assignments. The teachers can accept or reject each individual assignment.
When Kelly filed for unemployment benefits, the school district reviewed its records. It discovered that Kelly routinely turned down assignments. It sent her a letter explaining that it was removing her from the sub list.
Kelly sued, alleging age discrimination under the Texas Labor Code. But her case was dismissed after the school district showed how many assignments Kelly rejected. The court decided that consistently declining assignments was a legitimate reason for the school district to drop Kelly from its substitute list. (Kelly v. Humble Independent School District, 01-05-00761, Court of Appeals of Texas, First District, 2007)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2963/employ-casual-workers-stem-discrimination-lawsuits-by-tracking-assignments-you-offer "
- Same-sex marriage: Know the impact on policies, benefits
- Use objective, easily measurable standards to gauge employee performance
- Supreme Court says ERISA trumps state beneficiary laws
- Making the clear-cut case for adding vision care benefits
- Good news: No personal liability for age discrimination claims