Employees have tight deadlines for filing discrimination complaints. But the clock doesn’t start ticking on those deadlines until the employee knows he’s been fired. If you’re terminating someone, be sure to make that clear!
Employment Law
Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.
Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.
A white woman who once worked for the Texas Historical Commission has filed a lawsuit claiming the commission discriminated against her on the basis of race, gender, age and in retaliation for making a complaint.
3M Companies appears poised to settle a high-profile age discrimination suit. Earlier this year, the company filed a joint motion for preliminary approval of a class-action settlement involving approximately 7,000 workers. If the Ramsey County District Court agrees, the employees (and their attorneys) will split $12 million.
When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.
The city of Lancaster has adopted a policy that allows city employees to seek the same health care and other employment benefits for their same-sex partners that are now available to married employees and retirees.
Employees are three-for-three in employment law cases argued before the U.S. Supreme Court this term, now that the Justices have decided that an employee doesn’t have to complain in writing in order to be protected from employer retaliation.
Q. One of our employees broke his ankle while on vacation last summer and he has still not fully recovered. He has been on work restrictions from his physician since the accident, and those restrictions limit his ability to perform job duties that involve walking, standing or lifting. We have accommodated the restrictions, but we recently received a note from his doctor asking us to extend the restrictions for another three months. Do we have to do that or can we simply terminate the employee?
Think retaliation won’t be a problem because plenty of time has passed since an employee complained about alleged discrimination? Think again! Always be on the lookout for possible retaliation, no matter how long it has been since the initial complaint.
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.
