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Discrimination / Harassment

Worker claims negligent supervision caused harassment? She must sue under Title VII

04/03/2014

Employers that don’t do enough to combat sexual harassment in the workplace face liability under Title VII. But it doesn’t follow that har­­assed em­­ployees can also sue under state law for negligent supervision. Employees have to be satisfied with the remedies under Title VII and can’t go for a larger jury award under state common law.

Prevent retaliation after good-faith complaint

04/03/2014

It’s illegal to retaliate against employees for complaining about sex discrimination or harassment. The employee’s initial complaint doesn’t have to pan out, either. It’s enough that the employee reasonably believed in good faith that she was being discriminated against.

Beware retaliation when rehiring after layoff

04/03/2014

When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had ­anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.

Managing the multigenerational workforce

03/31/2014
The current workforce consists of four generations with unique strengths, values, expectations and, perhaps, limitations. Used poorly, generation-specific employment practices could create legal liabilities.

Manager allegedly ordered to hire only ‘All-American girls’

03/31/2014
The former manager of the Milk Shake Factory ice cream parlor in Pitts­­burgh has filed a complaint alleging she was fired for disobeying the company’s discriminatory hiring guidelines. When she was hired to manage the store, the company gave her complete autonomy to hire subordinates as long as they were the “All-American girl” type.

Octogenarian secretary sues Catholic Diocese over firing

03/31/2014
An 80-year-old secretary who had held her position at St. Joseph’s Elementary School in York was terminated after months of what she claims was harassment aimed at ­driving her out of her job.

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.