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Discrimination / Harassment

There’s one foolproof way to win discrimination lawsuits

02/05/2014
When you evaluate whether a former employee may sue you successfully over her discharge, consider this: If you replaced her with someone belonging to the same protected class, she’ll have a hard time winning a lawsuit that claims you were biased against her class.

Best way to stop failure-to-promote lawsuits: Include qualifications in job announcements

02/05/2014
Want to avoid unnecessary lawsuits over whether an applicant is qualified for a job opening or promotion opportunity? Then make sure your job announcement includes specific information about minimum requirements so that those don’t become the basis for a lawsuit.

Demographic shift sparks new job-bias risks

02/04/2014
The U.S. workforce is in the midst of a sweeping demographic makeover, bringing new ethnic, national-origin and religious diversity—and new legal risks for employers.

Job Interviews

02/01/2014

HR Law 101: Much of the information employers avoid asking for on a job application becomes apparent when hiring managers meet someone face-to-face (such as race, age, physical disability and national origin). So, you must take extra care not to ask questions or make comments that an applicant might construe as discriminatory …

Sexual Harassment: Sample Policy

02/01/2014

HR Law 101: A clearly written, thoughtful sexual harassment policy clarifies your position to everyone on your staff, including potential perpetrators and their victims. It also provides solid proof to judges and juries that you’re committed to eliminating and preventing sexual harassment. You may use this model policy or adapt it for your organization.

KFC settles, agreeing to skirt pants issue

01/28/2014
The owners of several Kentucky Fried Chicken franchises in North Carolina have agreed to settle a religious discrimination charge leveled by a former employee who claimed that wearing pants violated her Pentecostal beliefs.

Employer wins limited sanctions against EEOC

01/28/2014
In a sign that some judges are losing patience with the way the EEOC handles employment discrimination lawsuits, a federal court has ordered sanctions against the commission.

Pay up promptly when offering severance

01/28/2014
Sometimes, it’s clear from the moment that you decide to terminate an em­­ployee that she will sue. If that’s the case, a small severance payment may prevent litigation. But if you offer to settle, make sure you follow through promptly.

Action against worker doesn’t mean hostile environment for all similar co-workers

01/28/2014
What should you do if you discover that a rogue supervisor is treating an employee poorly because of his race or other protected characteristic? Fix the problem fast. You don’t have to worry that the super­visor’s action will set up other lawsuits by co-workers who observed the behavior.

Liability on the line: Choose words carefully

01/28/2014
Warn supervisors to watch what they say. Making a statement that suggests the employee’s gender was in any way connected with workplace discipline is asking for a lawsuit.