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Discrimination / Harassment

Is ‘safety concern’ a legal reason not to hire a woman?

11/05/2014
When a Virginia supermarket manager rejected a woman for a van driver position, he pointed to safety as the reason—female drivers are more vulnerable to assaults.

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Shoot for dismissal if employee’s harassment case is based on only one comment

11/03/2014
Courts don’t want to spend all their time mediating minor workplace disputes. Judges aren’t HR professionals and don’t want to run your business. Keep that in mind the next time an employee files a lawsuit based on one or two allegedly hostile incidents. Chances are, the case will be dismissed.

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Restaurant fires pregnant waitress for baby’s safety

11/03/2014
The EEOC has sued Arthur’s Res­tau­rant and Bar in Addison for pregnancy discrimination after a waitress who was expecting a baby was allegedly fired when she was “beginning to show.”

Frustration about disability won’t cost a lawsuit

11/03/2014
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-­chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.

MPW Industrial Services settles disability bias complaint

10/31/2014
Ohio-based MPW Industrial Services has agreed to settle a disability discrimination suit the EEOC filed on behalf of a job applicant.

You’ll need those notes: Save employee complaints

10/31/2014

If an employee cares enough about a promotion, assignment or training opportunity to contact HR with a complaint, save the note, email or other communication. Here’s why.

Voluntary retirement likely nixes wrongful-discharge suit

10/31/2014
Have you ever urged an employee facing discipline to retire instead of being fired? That’s OK—as long as you provide an alternative, such as allowing the em­­ployee to defend himself by offering his side of the story.

Prevent fail-to-hire suits by stripping protected characteristics from résumés

10/31/2014
Here’s an easy way to avoid needless failure-to-hire lawsuits: Sim­­ply have someone who is not involved in the initial decision to offer interviews remove risky identifying information from résumés.