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Discrimination / Harassment

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.

Beware subtle age-bias peril: Don’t assume older employees are ready to retire

11/05/2013
Employees in this day and age often want or need to keep working despite advancing age. If you force out those workers, you’re asking for trouble.

ENDA nears Senate passage

11/04/2013
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.

Be sure to document any deviation from evaluation rules

11/01/2013

Following your own rules for discipline, promotion and evaluation is the best defense against a discrimination lawsuit. But that doesn’t mean you can’t make exceptions to your rules when the situation calls for it. Just make sure that you document why you made the exception at the time you did.

Texas AG lawyer blows whistle on hostile work environment

10/31/2013
An attorney in Texas Attorney Gen­­eral Greg Abbott’s office has filed a whistle-blower complaint claiming he has been forced to work in a hostile environment. Among his allegations: rampant discrimination, misuse of taxpayer dollars and falsification of hourly time sheets.

Car dealership faces ­disability bias charges

10/31/2013
A former general manager at Benny Boyd Chevrolet-Chrysler-Dodge-Jeep in Lubbock claims he was denied partnership in the company when he developed multiple sclerosis.

5 steps you must take to prevent and address sexual harassment

10/31/2013
In 2012, the EEOC received 7,571 complaints from workers alleging they were sexual harassment victims (17.8% of whom were men) and recovered $43 million for har­­assed workers. Don’t let your organization add to those statistics. Take these steps to prevent and address sexual harassment.

Feel free to change schedules if it will save money or improve operations

10/31/2013
Do you need to change someone’s job duties to economize? Don’t fear that doing so will trigger a lawsuit—as long as you can show the changes were necessary and not just an excuse for discrimination.

Vague or nonexistent harassment policy? In same-sex cases, prepare to pay

10/31/2013
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.