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Discrimination / Harassment

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.

Negotiating return to work? Don’t rush firing

03/27/2014
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

When discipline is called for, keep personal hostility from tainting process

03/24/2014
Here’s a reminder for supervisors who participate in disciplinary decisions: Tell them to keep their personal feelings about the employee to themselves and resist the urge to bring in stereotypes. No one, for example, should comment on the employee’s nationality, national origin or other protected characteristics.

After Windsor: Same-sex marriage status update

03/18/2014
The U.S. Supreme Court’s landmark Windsor decision striking down Section 3 of the federal Defense of Marriage Act left who can marry whom up to the states. Well, maybe not, as lawsuits contesting bans on same-sex marriage continue to mount. Here’s where things stand.

Never hesitate to make legit rule changes

03/17/2014
Have you found that some of your disciplinary rules are too lenient? Don’t hold back on stiffening your rules just because you fear the first employees subject to harsher penalties might sue you.

Minnesota town administrator files human rights complaint

03/17/2014
Former Pine Island Administrator Abraham Algadi has filed a complaint with the state Department of Human Rights, arguing that the town created a hostile work environment for him in the months leading up to his termination. Algadi alleges he suffered discrimination because of his Jordanian heritage.

Prepare to justify any adverse employment action affecting members of the military

03/17/2014
Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.

Act fast on hostile workplace complaints–or prepare for costly, complicated lawsuit

03/17/2014
Employers that ignore the first or second complaint about a racially hostile workplace do so at their peril. The fact is, if you don’t do something to stop the harassment fast, it’s likely to get worse—much worse.

Court: Less than stellar review isn’t retaliation

03/17/2014
Proving retaliation is often easier than proving the underlying discrimination that was the basis for the original complaint. Still, an ordinary employer action—such as preparing a performance review that’s generally favorable—isn’t retaliation, even if the employee thinks he deserved a better review and more praise.