Employment Law

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Remember: Applicants—not just em­­ployees—are protected by the Americans with Disabilities Act, as the following case shows.
Q. We have heard that employers are increasingly screening applicants online, including by going to their Facebook pages. Can we require an applicant who has a private Facebook page to give us the password to that page?
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.” The teacher used the epithet after he caught students passing a note containing rap lyrics that included the word.
The Tribune Co., the U.S. Department of Labor and Greatbanc Trust Co. have agreed to restore $32 million to the media giant’s employee stock ownership plan.
Q. Can we legally prohibit female workers from breastfeeding at work?
Think twice before shutting down one of several related businesses just to stop the spread of pro-union sentiment. It’s likely to prompt a lawsuit, and a court may well take organized labor’s side.
A federal court has refused to open up yet another avenue for employees who want to directly sue their em­­ployers.
OSHA has cited Boomerang Rubber Inc. with 31 health and safety violations after a worker’s arm was amputated while he was performing maintenance on a rubber processing machine at a truck mat and mud flap manufacturing plant in Botkins.
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.
Asking to have a position re­­classified at a higher pay grade isn’t the same as requesting a promotion. If the request is turned down, the employee can’t sue for a denied promotion.
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