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Discrimination / Harassment

Hiring consulting firm to work on site? That cuts your harassment liability

03/06/2014
Here’s some good, sensible news. If you hire a consulting firm and that company works on site, you won’t be liable for harassment between consulting firm employees.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Firing after complaint won’t always prove bias

03/06/2014
Don’t let what you know is a meritless complaint keep you from disciplining an employee. If you can show the process was already under way and you had a solid business reason, go ahead and discipline the worker.

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

Harassment: A little hostility can = big liability

03/04/2014
Typically, if a court is considering whether an employee worked in a sexually hostile work environment, it will look at weeks, months or even years of conduct. But as the following case shows, only a few days of unresolved, severe harassment can become the basis of a suit.

EEOC challenges gender bias at Irving transportation firm

02/28/2014
The EEOC has filed suit against NFI Roadrail and NFI Industries as a result of a pay disparity at its Irving facility. According to the complaint, the company pays men significantly more than women who perform the same work.

Appeals court sides with older Austin police officers

02/28/2014
A state appeals court has upheld a jury verdict awarding damages to a group that included about a dozen city marshals and police officers who had previously worked for the city’s park and airport police departments. The group demonstrated in court that the city’s consolidation of these departments resulted in a pay disparity between officers over age 40 and younger officers.

Military opens door to religious accommodation

02/28/2014
The Pentagon has indicated it will give troop commanders some flexibility in allowing religious-based exceptions to the military’s appearance requirements. Most notably, Sikhs, Muslims and Jews will now have an avenue to receive permission to wear beards and religious headwear.

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing em­­ployee complaint is to transfer the em­­ployee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.