Discrimination / Harassment

High-level managers have pay discretion? You’re courting a class-action lawsuit

11/26/2013

Broad discretion about compensation at the bottom of the pay scale usually prevents employees from pursuing a class-action lawsuit similar to the one in the Supreme Court’s 2011 landmark Wal-Mart v. Dukes case. However, all bets are off if the issue is pay for higher-level employees.

Ensure bosses provide training for everyone

11/26/2013

Here’s a tip that can save you from needless litigation: Make sure supervisors don’t play favorites with some employees at the expense of others. You never know which employee will later claim she was excluded from the “inner circle” that got preferential treatment because of a protected characteristic.

Take steps to stop blatant customer harassment

11/26/2013

Employers can’t control everything—including situations in which customers harass employees. As long as you take reasonable measures to prevent or stop blatant harassment, a single incident won’t mean you will be liable for customer harassment.

Senate passes ENDA, House vote unlikely as ever

11/19/2013

The Senate on Nov. 7 voted 64 to 32 to approve the Employment Non-Discrimination Act (ENDA), which would make it illegal for employers to discriminate against employees on the basis of actual or perceived sexual orientation or gender identity.

‘I’m pregnant’ + poor review = likely employee lawsuit

11/19/2013

When a formerly high-rated employee suddenly finds herself on the receiving end of a poor evaluation, she’s likely to look for a reason—such as her recent announcement that she is expecting a baby.

Harassing restaurateur braces for court’s damages award

11/19/2013

A high-profile sexual harassment case that went all the way to the Minnesota Supreme Court will now proceed to the penalty phase with no opposition from the defendant.

Minnetonka banker beats arson rap, settles harassment lawsuit

11/19/2013

Five former employees of Minnetonka’s Equity Bank have agreed to a settlement in a lawsuit that alleged that the bank’s CEO barraged them with vulgar tirades, threatened to burn down their houses, kill them and dismember their children.

You should ban all racial slurs at work, but hold supervisors to a higher standard

11/19/2013

When it comes to the use of racial or other patently offensive slurs, it makes a difference who does the talking and how often. Courts don’t tolerate slurs when a supervisor is responsible, but cut employers more slack when it’s a co-worker speaking.

Don’t tolerate bully boss–but don’t fear bias lawsuit if he’s awful to everyone

11/19/2013

While it’s unpleasant and unproductive, having a supervisor scream at subordinates isn’t grounds for a race discrimination lawsuit if he never uses racially offensive words.

Immediately apply your policy to stop harassment before it escalates

11/19/2013

An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?