Legal Issues

Don’t select your layoffs based on “broken English”

January 10, 2020
When parking company LAZ converted to an automated payment system in a parking complex in Baltimore, management terminated three employees: two Moroccans and one Ethiopian.

Keep It Legal: January ’20

December 20, 2019
Same-sex harassment costs employer $200k … For religious day off, don’t request certification

The cost of a careless remark

December 20, 2019
The Americans with Disabilities Act forbids discriminating against disabled employees. Openly hostile acts or comments are, of course, illegal, but you should also avoid making comments that show you even regard the employee as unable to work adequately.

Smiley Dental supervisor frowned on pregnancy

December 10, 2019
Smiley Dental in Dallas has agreed to settle EEOC pregnancy discrimination charges that arose after a receptionist informed her boss she was pregnant a month after being hired.

Medical inquiries cost Texas employer $50k

November 15, 2019
Oncor Electric Delivery in Dallas has settled charges it violated the ADA when it asked employees to reveal drugs they had been prescribed.

Discover wrongdoing during FMLA? Fire away

November 14, 2019
It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

November 7, 2019
Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

Harassment victim told to put on your ‘big girl panties’

November 1, 2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.

Territory bias was a million-dollar mistake

October 29, 2019
Here’s a warning for managers who assign sales or service territories to employees: Never make assumptions about who can best serve your customers on the basis of race, national origin or other protected characteristics.

Employee has seizure at work? Hold your fire

October 25, 2019
Workers who have episodes of seizures are protected by the American with Disabilities Act, which means it’s illegal to bump them off the payroll because of that brain disorder.