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Discrimination / Harassment

Make sure records show consistent discipline

11/27/2017

If an employee breaks your work rules, you should absolutely discipline him. However, make sure that discipline matches punishment you have dished out to other employees for similar infractions—and that you have records to back up your defense.

Keep EEOC at bay with proactive pay audits

11/27/2017

The EEOC has been told to deemphasize collecting compensation data from employers—but that doesn’t mean it stopped aggressively pursuing Equal Pay Act and Title VII sex discrimination in pay cases.

Tired of serial complainer’s constant gripes? Investigate every allegation anyway

11/22/2017

It can be annoying to have to deal with constant unfounded complaints from an employee who seems to take offense at everything. That doesn’t mean you can ignore him.

Press for as much detail as possible when employee files harassment complaint

11/22/2017

For most complaints, you receive enough background to launch an investigation. But what should you do if the employee reporting the harassment doesn’t want to provide details or even basic information like who the alleged harasser is?

Federal court rules: No Constitutional right to deny service to same-sex couples

11/21/2017

A husband and wife team of video photographers have lost a lawsuit in which they argued they could legally refuse to record the weddings of same-sex couples.

No critical comments about employee’s spouse

11/21/2017

Be cautious when discussing an employee’s spouse—especially in critical terms! That could lead to charges of discrimination on the basis of marital status.

Fired black exec sues Thrivent for discrimination

11/21/2017

A former insurance executive at Thrivent Financial has filed suit in Hennepin County alleging the company discriminated against him because he is black and retaliated against him after he accused a co-worker of racial discrimination.

HR in a post-Weinstein, #MeToo world

11/16/2017

Now’s the time for HR to ask: Is your organization vulnerable to a bombshell complaint? What’s the status of your anti-harassment training—are you just going through the motions?

Harassment headlines call for employer action

11/16/2017

Next spring will mark two decades since the U.S. Supreme Court ruled that employers have a responsibility to prevent sexual harassment and, if it does occur, put a stop to it.

Details matter when documenting promotions

11/15/2017

To counter discrimination in promotion claims, be sure you can show that the selected employee was a better candidate in as many ways as possible. That makes it much harder for a disappointed candidate to prove he was clearly better qualified.