Legal Issues

Can I force a worker to change his shift?

February 26, 2015
Q. I need to move an employee to the night shift and no one is volunteering. Can I just force the move?  — Tom, Rhode Island

Be clear on what retaliation is

February 24, 2015
Retaliation claims can be brought when a person experiences an “adverse employment action” (firing, discipline, demotion, shift change, etc.) in reaction to the following.

Rastafarian cap poses no hardship? Accommodate it

February 20, 2015
Michael, a practicing Rastafarian, wears a cap to prevent his “spiritual energy from escaping into the atmosphere” …

It’s impossible to be biased against unknown disability

February 13, 2015
Employees with hidden disabilities must notify their employers if they want ADA protection.

Boss’s German heritage is no rebuttal for Hitler jokes

February 13, 2015
Iris filed a national-origin discrimination lawsuit, claiming her boss often told Hitler jokes, mocked her accent and banned her from speaking German on personal phone calls. The company tried to get the case dismissed by noting that both the boss and employee are of German descent.

Never brush off harassment complaints

February 10, 2015
When black, Hispanic and Native-American well-service workers complained to management that co-workers were consistently calling them derogatory names, a supervisor told them they could quit, and he was sick of everyone coming to him and that everyone simply needed to do their jobs …

Investigating workplace wrongdoing demands a steady hand

January 30, 2015
So you think you have what it takes to get the bottom of a serious conflict at the office? Maybe even one involving the threat of a lawsuit?

Bosses must police workplace for harassment

January 27, 2015
Charles, who is black, was fired and sued, alleging he had worked in a racially hostile environment. He said he heard the N-word, found an article at work about the KKK, and overheard someone disparaging black culture …

Worker on FMLA leave? Leave her alone

January 23, 2015
When Deana was out on FMLA leave for cancer surgery, she was barraged with calls from her bosses …

Show court you use objective selection criteria when hiring

January 16, 2015
During her interview for a bank teller position at MBNA, Carlet was unable to explain the “principles of MBNA,” which had been outlined for all candidates. She didn’t get the job and sued for discrimination …