It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. In recent months, several lawsuits have been triggered because supervisors allegedly favored certain employees for training opportunities at the expense of other employees who belong to a protected category.

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have skyrocketed in the past year as the economy has fallen. Here's how to avoid becoming one of the EEOC's targets.

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Q. Can we legally open all mail delivered to employees at the office? What if it is stamped “confidential,” can we still open it? This is getting to be a problem because our mailroom opens all mail automatically.

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

Here’s how little it takes to land a good organization in the hottest of legal waters: One verified comment by a supervisor showing that he’s against promoting or hiring minority applicants may mean a costly class-action lawsuit. The good news: You can often ferret out hidden discrimination with some simple statistical analysis.

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

Employers that need seasonal employees often rely on foreign workers to fill those slots. Workers from other nations must apply for an H-2B visa before coming to the United States to work. Until now, the 5th Circuit Court of Appeals had not yet decided whether expenses related to H-2B workers’ travel to the United States had to be reimbursed by the employer. It has now decided that they do not.

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...

New York’s attorney general last week started issuing subpoenas to recent Long Island Rail Road retirees who receive federal disability pensions after a government report raised questions about whether their disability claims were fraudulent. The subpoenas are being issued to 108 recent retirees who Attorney General Andrew Cuomo suspects might be responsible for an unusually high rate of disability pensions among LIRR workers.

While courts seldom want to second-guess employment decisions, sometimes employers provoke that scrutiny. That can happen, for example, when companies rely on the “old boy network” to promote from within instead of using a more formal, organized process.

Q. I suspect that an employee is using illegal drugs. Does drug use qualify as a “disability” under the ADA? Do I have to provide the employee with a reasonable accommodation? Or can I terminate his employment?

The U.S. Equal Employment Opportunity Commission is accusing Norfolk Southern Railway of sex discrimination in a lawsuit filed recently in Maryland. The lawsuit says Norfolk Southern supervisors deprived a female employee of an opportunity for the training she would need to be promoted to a yardmaster.

Every employer’s goal should be to manage employees in a manner that’s blind to race, sex, age and disability. That doesn’t always happen. But it’s important to realize that it’s only when unfairness harms members of a protected class that the practice is illegal.

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Contract truck drivers in Charleston, W.Va., are suing CSX Transportation after accusing the railroad company of paying them less than minimum wage.

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.

Have you ever felt that punch-to-the-stomach feeling of clicking “Send” and realizing you blasted an e-mail to the wrong person? As the CEO in the following case learned, one misguided e-mail mixed with some poor judgment can stir up a potent legal stew …

Nothing will land you in FMLA trouble faster than ignoring an employee’s request for leave. You’d never do that, you say. But what about an untrained supervisor? Make sure all managers and supervisors know how to handle medical call-ins. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave.

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach ...

It sometimes takes extra money to entice an applicant to jump ship. That’s all part of the hiring dance. But there's a hidden peril that could land you in court—and cost you thousands. Learn the best practices that will help you defend yourself.

Q. On our applications, can we include a question that asks if applicants are related to any current employees?

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.