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Discrimination / Harassment

Chronic complainer? Ignore her at your peril

12/18/2013
Handle every complaint the same way, no matter the source. Don’t fail to investigate just because an employee has cried wolf in the past.

OK to discipline worker who has complained, but be sure you can justify your decision

12/17/2013
Courts don’t want to tie management’s hands; they just want to protect employees from genuine retaliation. That’s why the standard for retaliation is anything that would dissuade a reasonable worker from complaining in the first place. Most minor discipline doesn’t reach that level.

Race discrimination: Using independent contractors won’t earn you amnesty

12/17/2013
Don’t assume that just because a worker is an independent contractor, he can’t sue you when his contract isn’t renewed. While he may not be able to sue under Title VII for various forms of discrimination, he can still sue for alleged racial discrimination under Section 1981 of the original Civil Rights Act.

Fired for 1st violation? Better explain why

12/13/2013
There’s a first time for everything—including firing someone for violating a rule. But that may spell trouble if other employees weren’t punished for breaking the same rule.

Same misconduct warrants same punishment

12/13/2013
You might assume that firing an employee for breaking a safety rule would be “safe” from judicial criticism. But if you don’t punish all workers equally for violating the same rule, you may run into trouble if the employee can show that others outside his protected class weren’t punished as severely.

USERRA

12/12/2013

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations …

New NYC rules for accommodating pregnant employees take effect

12/10/2013
Beginning Jan. 30, most ­employers with employees working in New York City will be required to provide reasonable accommodations for pregnant employees.

Upstate pizzeria lays out dough for sexual harassment

12/10/2013
The current owners of Angelo’s Pizza in Rouse’s Point on Lake Cham­­plain will pay $35,000 to seven former female employees to settle sexual har­­assment charges dating back to the time of its previous owners.

Whoa! Never saw that one coming! You’re not responsible for aberrant crime

12/10/2013
Unless it’s obvious that an em­­ployer acted maliciously by purposely setting out to harm an employee, chances are it won’t be held responsible for the consequences of a co-worker’s crime.

Best defense against bias suit: consistency

12/10/2013
You simply never know which employee will sue for discrimination. Your best defense is to consistently treat all employees equally. Make all your workers follow all your workplace rules all the time.