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Discipline / Investigations

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …

Government employees have limited free-Speech rights

06/11/2008
The days are just about over of public employees speaking out against their employers’ actions and claiming they were simply exercising their First Amendment right to free speech. The Constitution doesn’t provide protection for those acting in an official capacity …

DOCC not responsible for employees’ racist remarks

06/10/2008
A court has ruled that the Hennepin County Department of Community Corrections (DOCC) did more than enough to address two employees’ complaints about civil rights violations …

Track discipline by offense, worker traits to reduce bias risk

06/09/2008
Employees who believe management has unjustly targeted them for poor treatment often blame it on bias against whatever protected class they may belong to. That’s why it’s so important for employers to proactively ensure that they enforce all rules equitably and fairly—so no employee can claim she was singled out for harsh punishment …

Equal enforcement keeps juries from wondering about bias

06/06/2008
Employees who lose their jobs after committing some infraction often look for reasons to sue. Don’t give them an excuse to drag you into court! The best way to immunize your organization from lawsuits: Equitably and fairly enforce your work rules …

How not to manage a hostile work environment

06/06/2008
When employees complain about being harassed while at work, employers often wonder how to stop the offending behavior. One thing is certain—simply ordering employees to stop doing what they allegedly are doing isn’t enough …

Want to guarantee a lawsuit? Just fail to investigate

06/04/2008
It is pure foolishness to ignore an employee complaint. Employers are almost always better off investigating the claim—even if the matter seems frivolous—than letting the perceived problem fester. Ignoring the request may be all it takes to spur a lawsuit …

Settlement can include clause that bans reapplying

06/03/2008
Not all discrimination claims are crystal clear. Sometimes, employees are treated unfairly, and those situations deserve to be fixed. In such cases, employers may be tempted to settle, offering a small payment along with an agreement that the employee who complained will get additional training or a fair shot at a promotion. But consider the possible aftermath …

Noose incident leads to citation at Frontier Airlines

06/03/2008
Denver-based Frontier Airlines says it disciplined two employees who harassed a black co-worker with a noose at Denver International Airport. Juan Sequeira, with help from a fellow employee, allegedly made the noose and showed it to the co-worker in the break room …