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Discrimination / Harassment

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that re­quires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Don’t hide behind your handbook! Formal harassment complaint isn’t required

02/10/2015
Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.

Third-party harassment: Is the customer always right?

02/10/2015

There is only one boss: The customer. But what if the customer or another outsider is harassing employees at your workplace? Can your organization be held liable? As this court ruling shows, adopting a “hear no evil, see no evil” strategy is not the smartest move.

EEOC charges fall for fourth straight year

02/10/2015
The EEOC received 88,778 charges in fiscal year 2014, marking the fourth straight year of declines after a record-setting 99,922 charges were filed in FY2010. The 2014 total is a 5.3% decrease compared to 2013, and an 11.1% drop since 2010.

The long arm of the law stretches across state lines

02/10/2015
A case of alleged transgender discrimination in Texas has prompted New York’s attorney general to launch an investigation into the HR practices of the entire Saks Fifth Avenue retail chain.

Attorney general wants to see Saks anti-bias policy

02/09/2015
A discrimination lawsuit against retailer Saks Fifth Avenue in Texas has spurred an inquiry from New York Attorney General Eric Schneiderman.

Ex-NYC parks employee sues, details raunchy parties

02/09/2015
A former New York City Department of Parks & Recreation employee has filed a discrimination and retaliation suit against the city after she was fired after complaining about pervasive sexual harassment. Although city investigators largely corroborated her complaints against two supervisors, the woman lost her job.

Set hiring standards that let you select best candidate

02/09/2015
Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.

Be sure you can justify reason why promoted worker didn’t get raise

02/09/2015

Most employees who are promoted see that as a vote of confidence and assume their new responsibilities will include more money or other tangible benefits. But what if you don’t want to raise pay?