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The ADA protects qualified individuals from disability discrimination in all aspects of employment, from hiring and firing to promotion and demotion to compensation and scheduling.
In a recent survey, The HR Specialist asked readers whether they’ve been sued by employees and, if so, what single piece of advice would they give to other HR professionals to help them avoid (or respond to) an employee lawsuit. Here are some of their suggestions:
As we enter 2012, it’s a good time to review employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The National Labor Relations Board, the EEOC, the DOL and its Office of Federal Contract Compliance Programs are all cracking down on employers.
The Omnibus Crime Control and Safe Streets Act, aka Wiretapping Act, prohibits employers from intentionally intercepting any wire, oral or electronic communications that take place on their premises. To stay legal, employers must know the definitions of, and exceptions to, the act; procedures to follow when monitoring employee electronic communications; and steps to limit legal liability when engaging in video surveillance.
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Organized labor gained 49,000 new members in 2011.
There may be a class-action lawsuit lurking in your delivery charges if you automatically tack on extra fees for delivering pizza or other food directly to homes or businesses and that money doesn’t go straight to the delivery drivers.
Employers that miss a workers’ compensation premium payment may apply for a one-time waiver of penalties under Gov. John Kasich’s “Common Sense Initiative.”
Employees and their lawyers are getting more creative with their lawsuits. Not content to rely on federal anti-discrimination laws, they add claims under state law, too. That increases their chances of making a claim stick.
Dealing with the multitude of federal and state laws governing leaves of absence in California can leave employers feeling lost and disoriented—and expose even the most well-intentioned employer to liability. The best prevention is education.
Supervisors don’t have crystal balls that help them tell the future or read employees’ minds. Unless an employee expresses an interest in being promoted, they don’t have to consider him for open positions.