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Discipline / Investigations

Pregnancy is no joking matter; ‘Prego’ is akin to a racial slur

02/01/2006

If your supervisors think little jokes about pregnancy and childbirth are nothing but harmless banter, set them straight. Use the following case to remind them that singling out pregnant employees is legally dangerous …

Nonunion worker’s pay complaint is protected activity under NLRA

02/01/2006

A new court ruling offers more reason to remind your supervisors to discipline employees based on objective work-based standards. Never punish employees for discussing compensation or job conditions with their co-workers …

Office romance: Don’t ban it; manage it the right way

02/01/2006

Title VII of the federal Civil Rights Act prohibits employment discrimination based on a person’s sex. When office romances sour, scorned lovers often use this law to allege that their former lover was a sexual harasser …

Show your defense cards early in the lawsuit game

01/01/2006

By having a tough anti-discrimination policy and a clear complaint procedure, you establish what lawyers call an "affirmative defense," meaning you have a weapon to defend yourself in court. But you must put forth those affirmative defenses very early in a lawsuit …

Harassment victims aren’t immune from discipline; document actions

12/01/2005
Retaliating against employees for filing harassment complaints is an obvious no-no. But that doesn’t mean employees automatically earn a “Do not touch” label …

When is employee insubordination protected?

12/01/2005
Issue: If an employee believes a boss’s order is illegal, she can refuse to do it. And you can’t punish her for that defiance.
Risk: You could run afoul of …

Look into all bias complaints; even ‘nontargets’ can sue

12/01/2005
Issue: Employees who are negatively affected by workplace discrimination can file lawsuits, even if they aren’t the targets.
Risk: The EEOC is encouraging such whistle-blower suits, which opens a new …

Beware growing liability risk: harassment by customers

11/01/2005
Issue: Courts are cracking down on employers that tolerate customer harassment of foreign-born employees.
Risk: Supervisors sometimes are more lenient with harassment by customers than by employees. That’s a big …

How to deal with a disrespectful employee

11/01/2005

Q. One of our employees constantly twists everything I say around to make the situation seem worse than it is. For example, when I put her paycheck on the counter because she was doing something, she told others that I threw it at her. She has lied about many incidents. I have spoken with her several times and indicated that her actions are unprofessional and disrespectful. This is not good for my reputation. I need a solution. —S.W., Texas

Employees can disobey bias-tainted orders

10/01/2005
When an employee refuses to carry out an order, supervisors may automatically think such insubordination is worthy of discipline or firing. Not so fast! That initial response, punish the employee, may …