Archive for the 'North Dakota' Category

Making ‘Subjective’ Employment Criteria ‘Objective’

December 9, 2010 at 9:00 pm by: North Dakota Employment Law Letter

Most employers understand that they should discourage the use of subjective criteria to make hiring, advancement, and severance decisions. However, many supervisors still insist that they must consider subjective criteria because factors like “attitude,” “initiative,” and “reliability” simply can’t be made objective. True or false? Let’s break it down.
Every employee undoubtedly has certain tasks that [...]

Must an Employer Grant Permanent Intermittent FMLA Leave?

September 23, 2010 at 9:00 pm by: North Dakota Employment Law Letter

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on theĀ  horizon.
FMLA Complete Compliance

Clerk’s Discrimination Claim for Sexual Stereotyping Checks Hotel into Court

February 25, 2010 at 9:00 pm by: North Dakota Employment Law Letter

Brenna Lewis worked part-time as a front desk clerk for Heartland Inns in Altoona and Ankeny, Iowa. She did a great job — at least according to her direct supervisors. She was well liked by customers and fit in well in the position. Based on those accolades, she was offered and accepted a full-time day [...]

Hostile Work Environment: Employee Warned to ‘Find God’ or ‘Go to Hell’

November 6, 2009 at 1:38 pm by: North Dakota Employment Law Letter

Claims of unlawful religious discrimination under Title VII of the Civil Rights Act of 1991 may involve your unwillingness to reasonably accommodate an employee’s religious practices, oral or physical harassment, or unwelcome imposition of religious views or practices on an employee.
A hostile work environment can exist when the workplace is permeated with discriminatory intimidation, ridicule, [...]

Flexible Workplace Programs Promote Work-Life Balance

January 4, 2008 at 9:20 am by: North Dakota Employment Law Letter

“Work-life balance” is one of the most popular HR buzz phrases. Yet until a few years ago, work-life concerns were relatively unheard of. Nontraditional workplace and scheduling alternatives like working from home were considered a perk available to a fortunate few or as a temporary accommodation for a stressed-out employee.
Employer programs like the flexible workplace, [...]

HR Audit: A Measure of Success

June 15, 2007 at 11:10 am by: North Dakota Employment Law Letter

Not unlike an annual employee performance evaluation, an HR or employment law audit provides an objective means to measure the effectiveness of HR functions with respect to productivity, efficiency, and morale, among others. As a risk-management tool, an audit can identify obsolete or ineffective practices and flag compliance issues. In fact, employment practices liability insurance [...]

Family Responsibility Discrimination

May 11, 2007 at 1:24 pm by: North Dakota Employment Law Letter

Consider the following two scenarios:

A male employee requests extended leave to provide at-home care to a sick child. Instead of evaluating the request based on his eligibility for leave, the employer questions why the child’s mother can’t care for her.
A qualified female employee with two preschool children is considered a “poor [...]