On January 8, 2002, the United States Supreme Court issued a decision (Toyota v. Williams) that affects all employers with more than 15 employees. The ruling makes it more difficult for an employee to qualify as “disabled” under the Americans with Disabilities Act (ADA). This will reduce the number of times an employer is required […]
There are certain things an employer can’t ask, whether on an application form or during a personal interview, before an individual accepts an offer and begins work. In general, you should base your questions on the business necessity of “needing to know” the information. If the information you are seeking is in fact related to […]
Companies, small and large, could be faced with the issue of having to accommodate employees who are called to military duty. USERRA was enacted by Congress in 1994 to establish employers’ obligations and to assist employers and their employees in the transition to military service and back. Following are some of the highlights of the […]
A Brief Background on Lilly Ledbetter: Lilly Ledbetter worked for the Goodyear Tire and Rubber Company in their Gadsden, Alabama, union plant from 1979 until 1998. While employed as a salaried worker, raises were given and denied based on evaluations and recommendations regarding employee performance. All merit increases had to be substantiated by a formal […]
Hostile Work Environment A hostile work environment is only unlawful if it is motivated by discrimination on the basis of race, religion, sex, national origin, age, disability, veteran status, or genetic information. A hostile work environment claim is composed of a series of separate acts that collectively constitute one “unlawful employment practice.” The employee must […]
When a business is confronted with evidence or allegations against an administrator or employee of wrongdoing, it should respond deliberately, thoughtfully, and promptly. Gathering all the facts is essential. To do this, a thorough internal investigation should be conducted. Such investigations are important in a variety of circumstances, including claims of sexual harassment, inappropriate forms […]
“This is a right-to-work state and I’ll fire whoever I want for whatever reason I want.” The problem with this statement that employers often make is that “right-to-work” laws involve employee rights during an employment relationship, particularly in the context of labor unions. The “employment at-will” doctrine is what governs employer and employee rights in […]
ARIZONA WHISTLE-BLOWER LAW Arizona provides protection to employees who “blow the whistle” on their employer. The Arizona Employee Protection Act states that employees who, in a “reasonable manner,” disclose to their employer that the employer or an employee of the company has violated, is violating or will violate the Arizona Constitution or any Arizona statute, […]
Keeping good personnel records can help an employer track the performance of employees, demonstrate compliance with labor laws, and justify a disputed termination. Keeping personnel records poorly, on the other hand, can expose an employer to liability. It is important for every employer to know what should and should not go into personnel files. Each […]
Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in employment on the basis of sex, race, color, national origin, or religion. Other federal employment law prohibits discrimination based on age, disability, and genetics. In the changing world of personal appearance, the lines between discrimination based on federally protected classes may […]
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