While the Obama victory grabbed the headlines on Election Day, voter referendums in several states and cities ushered in important employment law changes. Some key results:
Paid sick leave. Milwaukee became the third U.S. city, after San Francisco and Washington, D.C., to require organizations to provide paid sick leave to their employees.
Gay marriage. Voters in Arizona, California and Florida approved measures to ban gay marriage. That leaves 30 states that disallow same-sex marriage, and two states—Massachusetts and Connecticut—that allow it.
Immigration. Arizona voters rejected a pro-business provision that would have relaxed some of the state’s tough sanctions against employers that hire illegal immigrants.
Affirmative action. A ballot measure to ban affirmative action programs in public employment passed in Nebraska. A similar provision failed in Colorado.
- Be prepared to prove employees' at-will status
- Fire with caution if employee has just asked for FMLA leave
- Failing to ask for 2nd and 3rd medical certs doesn't bar later challenge to FMLA eligibility
- Insist all harassment allegations go to HR for review
- Beware changing recommendation after discrimination claim