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Discrimination / Harassment

Set one standard for tardiness, stick with it

03/31/2014
Make sure you set one standard for determining how late “tardy“ is and how it’s measured. The best bet: Use a time clock.

Don’t ignore sexual harassment complaint

03/31/2014
Think ignoring complaints about sexually explicit talk, jokes or inappropriate touching will make the problems go away? Wrong! Chances are the behavior will only escalate.

After employee files internal complaint, beware retaliation, correct problems ASAP

03/31/2014
Even if an internal discrimination complaint proves unfounded, you must still ensure that the em­­ployee who complained isn’t punished for doing so. Remind supervisors and the employee that you won’t tolerate any type of retaliation.

Prepare to defend against bias charges if workplace cliques break on racial lines

03/31/2014
You may think that what your employees do on their own time—at work or socially—is their business. That could be a big mistake. Your company culture may end up as evidence in a race discrimination lawsuit someday soon unless you do something about institutional and social segregation.

Details matter when justifying discipline

03/31/2014
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different dis­cipline, make sure your records specify why you believed one deserved harsher punishment than another.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

Age bias settlement: Need ADEA waiver, too?

03/27/2014
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?

Waitresses win $5.7 million in age discrimination case

03/27/2014
Four former servers at Woodland Hills’ Cables Restaurant will split a $5.7 million jury award. The ­servers who range in age from 49 to 70 claimed new management cleaned house in 2010 and replaced the workers with women in their 20s.

When employee brings frivolous suit, demand recovery of your attorney fees

03/27/2014

Here’s some good news for em­­ployers facing a clearly frivolous lawsuit: The employee bringing the lawsuit may find himself on the hook for the employer’s legal fees. That only seems fair since ­employers often have to foot the bill for an employee’s successful lawsuit.

Are you liable for boss bias outside work?

03/27/2014
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.