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Discrimination / Harassment

Trouble looms when rookie replaces old pro

03/23/2015
Here’s a warning for new supervisors who want to replace long-term employees with individuals of their own choosing: They could be courting a discrimination lawsuit if the replacements belong to a different protected class and aren’t as qualified as those being replaced.

Wipe out overt bias before it’s too late

03/19/2015
Once an employee shows a judge that there is direct evidence she was discriminated against because of her race, it’s too late to come up with much of a defense. That’s why it is crucial to wipe out obvious discrimination once and for all. Don’t ever let a supervisor’s overtly racist comments go unpunished.

ASAP, get rid of materials that might be offensive

03/13/2015
Regularly check your workplace for potentially offensive materials. An isolated incident won’t be held against you, but a pattern of tolerance could be.

Org chart irrelevant in Equal Pay Act cases

03/12/2015
An employee who sues under the Equal Pay Act—alleging that she was paid less than someone of the opposite sex—has a tough case to make if she bases her case strictly on how much she was paid.

Do we need to accommodate smokers?

03/11/2015
Q. We currently have a designated smoking area outside our building. Recently, an employee who is extremely sensitive to certain odors complained that smoke was drifting through our ventilation system into her work space. May we prohibit smoking in certain areas outside our building? If so, do we need to provide another location for our employees to smoke?

Wronged consulate employee seeks $2.3 million in legal fees

03/11/2015
A former employee at the Twin Cities Norwegian consulate is asking the country to pay her legal fees after she won a $270,000 equal pay judgment. A federal judge ruled that the woman was paid $30,000 less than a male employee performing comparable work.

Employee claims harassment? Consider transferring him

03/11/2015

Employees who are forced to work under conditions that leave them little choice but to quit can still sue, alleging they were constructively discharged. You can prevent those suits by transferring the employee who says he is being harassed to another equivalent job.

Tell bosses: Many subtle–and not so subtle–comments can add up to evidence of age bias

03/11/2015
Remind supervisors that when it comes to age discrimination, what they say matters. They should never comment directly on age, and should avoid references to “generational differences” or anything else that might be construed as code for age discrimination.

Factor past discipline into firing decision

03/10/2015
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.

Justices may back job applicant in hijab case

03/10/2015
Abercrombie & Fitch had a bad day in court Feb. 25 when its lawyer squared off against skeptical Supreme Court Justices hearing oral arguments in a case involving a teenager who says the Muslim headscarf she wore to an interview cost her a job at the preppy retail chain.