Asperger’s syndrome may be a covered disability under the ADA, a federal court hearing an Ohio case has concluded. Asperger’s is a developmental disability characterized by “severe and sustained impairments in social interaction,” according to the American Psychiatric Association. The condition is permanent and is similar in some respects to autism.

One of the cardinal rules of hiring is that you should ask all applicants the same questions. Even good rules can sometimes be broken—when it makes good sense. For example, if you have an open position and are interviewing both internal and external applicants, it’s perfectly logical to ask internal applicants different questions, since they’re already familiar with your operations.

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Insurance giant AIG has settled a dispute with three Ohio public employee pensions for $115 million. All of  them claimed AIG, its top executives and related firms used anti-competitive practices and fraudulent accounting that led to massive losses for the pensions.

Supervisors who want to hand-select a particular employee for a job may be tempted to play fast and loose with the company promotion process. Watch out!

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

When an employee is discharged shortly after returning from FMLA leave, she may charge retaliation. The timing alone may be enough to send the case to trial. If an employer has a solid reason for the firing, however, it can win.

Sometimes, employees claim they didn’t dare complain about alleged discrimination or a hostile work environment until years after the fact. To explain the delay, they may say that they were scared to complain. That’s when you should check for prior complaints. If there are any, the fact that they complained earlier can be used to show they couldn’t have been all that afraid.

Dr. Walter Broadnax, owner of Cincinnati’s Pain Group, will serve five years’ probation and pay $56,246 in restitution to the state Bureau of Workers Compensation.

In a complicated settlement, the Pension Guaranty Benefit Corporation (PGBC) has assumed the pension obligations of auto parts manufacturer Delphi Corp., formerly owned by General Motors. Delphi, which recently closed plants in Ohio and other states, has been in bankruptcy the past four years. However, it has continued to make pension contributions.

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

In a decision sure to create a buzz, the 6th Circuit Court of Appeals has ruled that Title VII does not provide retaliation protection for employees who weren’t involved in protected activity.

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.

An Ohio appeals court has issued a common-sense decision that shows you have the right to expect employees to show up for work. It said that absenteeism is just cause for termination and disqualifies the employee from getting unemployment benefits.

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.

In a 5-2 decision, the state Supreme Court has ruled that municipalities may no longer require their employees to live within the municipality’s borders. The ruling upholds a 2006 state law that struck down various “home rule” provisions ...

Many employers are discovering they have to cut staff to survive. It’s tempting to eliminate those positions where the least work is being done. After all, the employees doing the least work should be the least missed. But before you decide to RIF someone, remember that you cannot consider FMLA leave in the calculation.

FMLA rules say employers are required to let their workers know about the law and how to go about requesting FMLA leave for a serious health condition. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave. Make sure all managers and supervisors know how to handle medical call-ins so that a potential FMLA request doesn’t get lost.

Some employees’ religious beliefs forbid them to belong to labor unions. Because, like employers, unions may not discriminate on the basis of religion, they must make reasonable accommodations for employees who object to any of their pay going to the union.

Employees who lose their jobs have very little to lose by making an appointment with an employment lawyer. To prepare for possible surprises, you should do what a good employment attorney does—look for hidden discrimination in your workplace.

Some government employers let employees arrange their schedules to allow flexible hours. Changing those terms in a union environment may be an unfair labor practice. However, in one recent case, an Ohio appeals court upheld such a change because the union contract didn’t address the practice.

Public employees who become disabled may be entitled to disability retirement. But if the employee’s disability application coincides with discharge, consider aggressively challenging the application and asking for further medical review.

Ohio employees who are discharged for just cause aren’t entitled to unemployment compensation payments. But Ohio courts frequently hesitate to cut off unemployment benefits for one-time conduct that may be outrageous—as long as the employee doesn’t have a history of past disciplinary problems and the employer has a progressive discipline program it didn’t use.