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Articles by James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch

Termination for Undiagnosed Health Problems

April 9, 2007
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Firing an employee who discloses a serious health-related problem may violate the FMLA. Consideration should also be given to applicable state employment discrimination laws to make sure that there are no similar prohibitions against discharging employees who disclose a series of health problems.
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Return-to-Work Policy Challenged

February 9, 2007
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Employers are advised that, when considering the return to work of employees on medical leaves of absence, reasonable accommodation may be required in the event the returning employee is unable to perform all of the job duties of their former position.
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Employee Misuse of Business Computers

February 9, 2007
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Despite a court’s decision, it is suggested that employers have policies that prohibit the use of company-provided Internet or computers for inappropriate purposes.
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Employer Liability for ‘Hyper-Sexualized’ Workplace

January 19, 2007
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When faced with sexual harassment claims, denying that the sexual harassment occurred and blaming women for being sexually groped may not be the best defense, particularly in the face of evidence to the contrary.
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Exclusion of Deaf Job Applicants Under ADA

January 19, 2007
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Employers are advised to carefully examine any broad qualification standards for particular jobs and to individually evaluate workers’ abilities to perform their jobs.
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Payroll Cashing Fee Is Unlawful Wage Deduction

December 15, 2006
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Check your state’s wage and hour laws to make sure there are no similar prohibitions against charging employees cash-machine fees.
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Accessing Vehicle Records Infringes on Privacy

December 6, 2006
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Employers are cautioned that employee privacy rights continue to be expanded into many different areas. Background searches of employees or job applicants should be done only after careful consideration of legal and regulatory restrictions.
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Employee Fired For Religious Proselytizing

December 1, 2006
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Particularly with anti-harassment policies, employers are free to prohibit employees from using the workplace to proselytize co-workers.
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