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Discrimination / Harassment

In Harlem jobs program, varying shades of the N-word

09/19/2013
A recent case has tested the complex, unwritten rules surrounding the use of the N-word in the workplace—in this case, the successful STRIVE East Harlem temporary agency, which has been profiled on “60 Minutes.”

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.

Spying shrinks, paranoia at work in state mental hospitals?

09/16/2013
The state’s troubled mental health system is reeling from high-level departures and revelations that psychiatrists were investigating one another without the knowledge of the agency’s chief executive.

‘Co-workers ignored me’ is not enough evidence to support a discrimination case

09/12/2013

Some employees just aren’t very likable, and that can lead to workplace awkwardness. Co-workers may ignore their prickly colleagues and only deal with them when necessary. That’s OK as long as this mild ostracism does not spill over into ­discrimination.

Your best bet for beating false allegations: Good records, consistently fair practices

09/10/2013
You can never predict which employee will sue and over what alleged wrong. That’s why the best approach is to focus on treating every employee fairly and consistently, applying your rules even-handedly.

Independent investigation key to clean terminations

09/10/2013
Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

Beware retaliation after employee complains

09/10/2013
Watch out if a supervisor suddenly gives a poor performance review to a previously good employee who has recently complained about discrimination. Unless you can clearly show that the employee’s performance was deteriorating, you might be setting yourself up for an otherwise avoidable retaliation lawsuit.

Courts bang the gavel: EEOC is out of order!

09/10/2013
It’s not often that the EEOC loses a lawsuit, but in recent weeks, the gavel has come down against the commission not once, but twice.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013
Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

Mere worker inconvenience doesn’t warrant a lawsuit

09/06/2013
Denying a request to work from home is just an inconvenience for an em­­ployee. It’s not grounds for a law­­suit since it’s not an adverse employment action, doesn’t create a hostile work environment or justify quitting.