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Discrimination / Harassment

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.

Judge dismisses race bias complaint against college

04/30/2014
A federal judge has agreed to dismiss racial discrimination claims leveled against the Harrisburg Area Com­­mu­­nity College by a black woman who was twice turned down for a position as vice president.

Pennsylvania among top 10 states for 2013 EEOC charges

04/30/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. Penn­­syl­­vania logged the seventh highest total.

Explain why employee didn’t receive training

04/30/2014
Employers should be careful to design training programs that make training opportunities available for all. But sometimes, an employee won’t be able to participate in training. In those cases, be prepared to explain why.

Devout UNC-Wilmington prof wins promotion and back pay

04/30/2014
A federal judge has affirmed a jury award to a criminology professor at the University of North Carolina-Wilmington. Mike Adams claimed university administrators praised him when he was an atheist, but black-balled him after he became a Christian.

Does a ‘shy bladder’ constitute a disability?

04/30/2014

Some jobs are so safety-sensitive that employers are required to perform drug and alcohol tests on employees. For example, Department of Trans­­por­­ta­­tion regulations require regular tests for commercial truck drivers. But what if an employee can’t produce a urine sample?

How to raise discrimination red flags: Deviate from usual promotion policies

04/30/2014

It doesn’t take much to get a lawsuit going. Employees just have to show that discrimination may be the reason why they weren’t promoted or failed to receive benefit of employment that was afforded to someone of a different race, sex or other protected characteristic. Something as simple as an employer not following its own promotion policies will do the trick.

North Carolina among top 10 states for 2013 EEOC charges

04/30/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. North Carolina logged the sixth highest total.

No state do-over after worker loses in federal court

04/23/2014
Good news for employers: Workers can’t go to state court to re-litigate an employment discrimination case based on the same underlying facts that already failed in federal court.