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Discrimination / Harassment

Can workplace cliques be proof of racial discrimination?

09/09/2014
You may think that what employees do in the breakroom or at post-work happy hours is their own business. That could be an expensive mistake.

‘Onionhead’ religion? Who’s crying now?

09/08/2014
Federal law says employees “cannot be forced to participate in a religious activity as a condition of employment.” And while most such lawsuits involve Bibles on desks or crosses around necks, a new religious harassment case centers around vegetables.

Why you need complete records of hiring process

09/05/2014
It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.

Ensure your grooming policies are color blind

09/05/2014
Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.

Tell hiring managers: No subjective comments about candidates in notes

09/05/2014
You conduct interviews to help determine who is the best candidate for a position. But every interview carries with it the possibility of a lawsuit.

Employee never applied for promotion? That makes suing you much more difficult

09/05/2014
In most cases, employees seeking a promotion or applicants seeking a new job have to actually apply and then be rejected in order to sue over alleged discrimination. Except in very rare cases—when it is obvious that applying would be futile or when the application process is hidden or informal—an application is a prerequisite for a lawsuit.

Bone-headed boss? Quick stop saves the day

09/05/2014
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.

NLRB decides it now covers retaliation in harassment cases

09/04/2014
Here’s another reason to guard against retaliation following a sexual harassment complaint: You could be slapped with an unfair labor practices charge for actions that occur after an employee asks co-workers to help gather evidence of harassment.

Beware sudden scrutiny after employee voices bias concerns

09/02/2014
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Sud­denly deciding he’s not good enough may spark a retaliation lawsuit.

The case of the purloined letter: Real resignation or post-affair retaliation?

09/02/2014

Here’s a big reason to ban supervisor/subordinate relationships: When those affairs end, trouble for employers often begins. The subordinate, who may have been a willing participant, may now claim she was being sexually harassed. Or the supervisor may punish the subordinate for cutting off the relationship. Either way, there’s probably a lawsuit coming.