11/20/2008
Churches, church schools and other religious institutions don’t always have to follow federal employment laws. That’s because religious entities are entitled to operate free of interference with their religious practices—if the employees in question are part of that religious practice.
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11/20/2008
Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.
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11/20/2008
Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...
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11/20/2008
Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?
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11/18/2008
Many employers looking for ways to deal with the financial hardships of today’s tough economy are considering reductions in force (RIFs), layoffs and other forms of organizational restructuring. But how you conduct a RIF may spell the difference between a fresh start for the company and a nightmare of litigation ...
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11/12/2008
Employees who file a discrimination claim with the Minnesota Department of Human Rights within the one-year deadline set by the Minnesota Human Rights Act get an extension of time to file a lawsuit directly in court. That’s the conclusion recently reached by the Court of Appeals of Minnesota.
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11/12/2008
Sometimes, it’s tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. If a few thousand dollars will avoid an expensive lawsuit, it’s worth it, right? Maybe, maybe not ...
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11/12/2008
Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.
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11/12/2008
Sometimes, employees who think they are about to be fired for poor performance will try to take pre-emptive action by quitting and then suing. Courts are pretty strict when it comes to “constructive discharge” ...
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11/12/2008
The EEOC has filed a lawsuit against Burnsville-based Data Listing Services (DLS), claiming the company harbored a hostile work environment in one of its call centers. The lawsuit alleges that a worker at The Connection, a DLS call center in Moriarty, N.M., sexually harassed female workers ...
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11/12/2008
If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.
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11/12/2008
Before you reject a candidate who appears to meet the basic requirements for an open position, make sure you can explain your decision. Then document your rationale in case he or she later claims the real reason for the rejection was some form of discrimination.
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11/12/2008
If an applicant discloses a disability and says she can’t perform the job’s essential functions even with an accommodation, you can turn her down. You don’t have to second-guess her assessment and look for a reasonable accommodation.
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11/12/2008
The Council on American-Islamic Relations (CAIR) reports that bias complaints by Muslim workers increased by 18% in 2007, reaching a record 452 cases. Complaints by Muslim job applicants also rose by 34%.
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11/12/2008
Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?
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