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Discipline / Investigations

Madison Square Garden back in the penalty box

03/01/2008

Still reeling from a protracted, embarrassing trial and punishing verdict in Anucha Browne Sanders’ sexual harassment suit against New York Knicks coach Isiah Thomas, Madison Square Garden (MSG) has quietly settled a sexual harassment lawsuit with former New York Rangers cheerleader Courtney Prince for an undisclosed amount …

One-Size-Fits-All harassment reporting policies don’t really fit all

03/01/2008
If you downloaded your company handbook from the Internet or took it with you from your last job—beware! Take a look at your anti-harassment policy’s reporting procedures. A new court ruling shows why you should take your policy out, dust it off and look it over closely … at least before a jury does …

Documentation key to showing prompt, fair investigation

03/01/2008
Discrimination lawsuits can take years to resolve, and memories fade over time. That’s one reason to take careful notes during your initial investigation. Be sure to record exactly what the alleged victim says happened. You don’t want to be blindsided later …

Ensure your harassment policy includes requirement to promptly report violations

03/01/2008
Does your company’s sexual harassment policy include a provision that tells employees they must promptly report alleged sexual harassment? If it doesn’t, consider adding such a clause. The wording may help if an employee waits to report that her supervisor was allegedly harassing her …

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

Documented discipline rules save Leggett & Platt from charges

03/01/2008
Johnny Mathis worked for eight years in the Monroe plant of Leggett & Platt when he was terminated for excessive absences. While admitting his absences violated Leggett & Platt policy, Mathis, who is black, sued for discrimination, claiming that white female co-workers were not similarly punished …

Must employees receive a warning before termination?

03/01/2008

If employees are at-will workers, you can fire them for any reason or no reason at all, as long as it’s not discriminatory. But, as a new ruling shows, supervisors should resist that quick-trigger urge if that employee recently voiced a discrimination complaint …

Paper trail cuts both ways if it shows unequal discipline

03/01/2008
You know you should document problems and violations before disciplining an employee who previously performed well. You create a paper trail showing warnings, counseling and efforts to get the employee back on track. But if the employee you disciplined can show that others with the same shortcomings got off, that paper trail may come back to haunt you …

Discrimination claims harder for employees to make if bias is ancient history

03/01/2008
Just because an employee experienced unfair treatment years ago doesn’t mean you have to ignore recent poor performance. You can discipline the employee as long as the charges are fair, accurate and unbiased now …

Responding to employee rants: 4 do’s and don’ts

03/01/2008
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