Checklist: Ways to Stay on Top of Laws and Case Law

By: Laura Mohammad
September 12th, 2011

Employment law changes quickly, says Susan Dawson, of Illinois-based Waltz, Palmer & Dawson LLC. It is particularly critical that you stay on top of state laws, as they can vary widely.  Below are national sites that can help you stay on top of the laws and case law you need to know about:

• Employment Law Information Network. Not only does this site focus on employment law, it has lists by state for employers seeking a lawyer. You can scan the most recent cases free of charge, or sign up for weekly or daily newsletters.
• EEOC. The Equal Employment Opportunity Commission’s site has tabs for the employee and the employer. Language is relatively easy to negotiate and the employer section is divided by topics, such as age and disability.
• Lawyers USA. This paid site covers general law, however, there is a wealth of employment law coverage available as well.
• Cornell University’s Legal Information Institute. This site provides links to state labor agencies, many of which have tabs for employers and information about state labor law.

Little-known actionable items in discrimination law and case law

Even in cases of good faith, the employer can slip up and be accused of discrimination. Case law generally supports common sense and exceptional accommodation is often excluded. Issues of safety, for example, might be the reason for a dress code requirement.

Here is a checklist of top stumbling blocks regarding workplace discrimination, compiled with the help of attorney Steve Weisman, who is also a professor at Bentley University in Massachusetts.

• Language. In some cases, you can be charged with discrimination if you require employees to only speak English. The general rule of thumb is, if they’re on their own time, they can likely speak another language.
• Clothing. Sometimes the company dress code can constitute as religious discrimination. If an employee chooses to wear a hijab (Muslim woman’s headdress) or a yarmulke (Jewish skullcap), for example, and the company bans that, it can be considered discriminatory.
• Facial hair. Banning facial hair can constitute racial discrimination. In some cultures, such as Judaism and Islam, facial hair is a symbol of their beliefs.
• Moral beliefs. Moral beliefs can be protected as religious beliefs. For example, disrespecting a employee’s vegetarian beliefs can be a form of discrimination.
• Age. When workers aged 40 and over are singled out because of age, that can be actionable. However, if senior workers happen to be downsized and they were targeted for another reason, that is not necessarily discrimination.
• Disability. Even the perception of a disability can be a violation. Bottom line: Can the worker perform the tasks with reasonable accommodation?
• Sex. We assume that women are the primary victims of sexual harassment. But harassment can constitute unwanted advancements from women to men, men to men, and women to women.

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