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Discrimination / Harassment

Beware slow-to-emerge need for accommodation

02/09/2015
Expect a court fight if you reject an applicant you previously agreed to hire because you discovered a hard-to-accommodate disability.

More than a matter of style: Grooming rules can differ based on gender

02/05/2015

If you have a dress and grooming policy that sets out different rules for men and women, you aren’t necessarily setting yourself up for a sex discrimination lawsuit. As several court rulings have shown, you can have different rules based on gender—as long as you enforce those rules even-handedly.

New sex discrimination rules proposed for federal contractors

02/04/2015
The U.S. Department of Labor has announced a proposal for new rules clarifying federal contractors’ requirements to prohibit sex discrimination.

Harassment? Don’t hide behind handbook

02/04/2015
The fact is, when an employer learns about harassment from any source, it must investigate and act. Ignoring the problem just because an employee was afraid to formally report sexual harassment won’t work.

Factor transgender discrimination into equal opportunity policies

02/02/2015

Although most employers have policies prohibiting discrimination and harassment based on an em­­ployee’s sex, race and religion, many have not yet added gender identity to the list of protected categories. The lack of protection has real consequences for transgender individuals.

Court: EEOC off the hook for $4.7M in legal fees

02/02/2015
The 8th Circuit Court of Appeals has overturned a lower court ruling awarding the CRST trucking company $4.7 million in legal fees. A lower court had awarded the fees after it determined the EEOC failed to conduct its conciliation process in good faith.

Allegheny, Pa. 911 operators’ lawsuit alleges race bias

02/02/2015
Three former 911 dispatchers have filed suit against Allegheny County, Pa., alleging it discriminated against them because of their race. One dispatcher also claims she was subject to sexual harassment.

OK to deny permanent job to marginal temp worker

02/02/2015

If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.

Documentation is key if you decide not to retain a probationary employee

02/02/2015
Sometimes, it becomes obvious soon after hiring an employee that he is not going to work out as expected. But what if you still want to give him a chance?

Never tie performance problems to disability

02/02/2015
Warn bosses that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the worker has or hasn’t accomplished and how that compares to your standards—not on underlying reasons for success or failure.